Ferraez

Defendant Antonio Rafael Ferraez was convicted of possessing for sale cocaine base (Health & Saf. Code, § 11351.5) and street terrorism (Pen. Code, § 186.22, subd. (a)). The jury also found true the allegation that the first offense was committed to benefit or assist a criminal street gang (Pen. Code, § 186.22, subd. (b)(1)). The trial court sentenced defendant to four years for the drug offense and a concurrent term of two years for the gang offense, staying the sentence on the gang allegation.

Defendant argues there was insufficient evidence to support his conviction for street terrorism and also that his conviction for this offense should be reversed because his attorney rendered ineffective assistance of counsel. He further contends the trial court erred by failing to stay his sentence on the street terrorism count pursuant to Penal Code section 654. We disagree and therefore affirm.

FACTS

In June 2001, Officer Gonzalez saw defendant standing by the Bristol swap mall. During prior contacts, defendant had told the officer he was a Walnut Street gang member and went by the moniker “Sniper.” After the officer made eye contact with defendant, he saw defendant take…