Ramirez

A jury convicted Gary Ray Ramirez of transporting heroin and methamphetamine, and possessing those drugs for sale. (Health & Saf. Code, §§ 11351, 11352, subd. (a), 11378, 11379, subd. (a).) The jury also convicted Ramirez of active gang participation (Pen. Code, § 186.22, subd. (a)) and found he committed the drug crimes for the benefit of a criminal street gang (Pen. Code, § 186.22, subd. (b)(1); all further undesignated section references are to this code). After a bifurcated bench trial in which the trial court found defendant served prison terms for two prior serious or violent felony convictions, the court struck the prison priors and the gang enhancements for sentencing purposes, imposed a third strike term of 25 years to life, and added 10 years based on the serious or violent nature of the prior felony convictions. Defendant does not challenge his sentence on appeal.

Rather, he contends the trial court erred by failing to sever the substantive gang participation charge (§ 186.22, subd. (a)) and the gang enhancements (§ 186.22, subd. (b)(1)) from the drug charges. He also challenges the sufficiency of the evidence to support his conviction on the gang…