Ngoun

Introduction

Appellant Chek Ngoun was convicted of the second degree murder of Kevin Martinez (count I), assault with a firearm on two unnamed victims (counts IV and V), being a felon in possession of a firearm (count VI), and participating in a criminal street gang (count VII). Allegations that appellant committed the offenses described in counts I, IV, and V to advance the interests of a criminal street gang were found to be true. In the published portion of this opinion we hold that Penal Code section 186.22 applies to the perpetrator, as well as to aiders and abettors, of criminal gang felonies.

Statement of the Case

Statement of *

Discussion

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I.-IV.*

V. Section 186.

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A. Count VII

1. Evidence

Section 186.22, subdivision (a) reads as follows: “Any person who actively participates in any criminal street gang with knowledge that its members engage in or have engaged in a pattern of criminal gang activity, and who willfully promotes, furthers, or assists in any felonious criminal conduct by members of that gang, shall be punished by imprisonment in a county jail for a period not to exceed one year, or by imprisonment in the state prison for 16 months, or…