Lozano

Certified for Partial Publication. [*]

A jury convicted defendant of carrying a loaded firearm while he was an active member of a criminal street gang (Pen. Code, [1] § 12031, subd. (a)(2)(C)), and found he did so with the specific intent to promote or assist in criminal conduct by gang members within the meaning of section 186.22. In the published portion of this opinion, we hold the two-year enhancement imposed under section 186.22 violated the proscription of section 654 against double punishment.

I-VI [***]

Defendant was convicted of illegal possession of a loaded firearm while an active participant in a criminal street gang and was sentenced to prison for the upper term of three years. His sentence was enhanced two years pursuant to section 186.22, subdivision (b), because in possessing the gun he did so with the specific intent of promoting or furthering criminal conduct by gang members. Defendant asserts the additional enhancement was a violation of the prohibition of double punishment in section 654 [4] because he received a gang enhancement to an offense that was already punished more severely due to his active participation in a gang. We agree.

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