Robles

This is the fifth, and probably not the last, in a series of recent decisions by this court that involve Penal Code section 186.22, a *1109 provision of the California Street Terrorism Enforcement and Prevention Act of 1988, also known as the STEP Act. 1 Three of these cases, People v. Gardeley (1996) 14 Cal.4th 605 [ 59 Cal.Rptr.2d 356 , 927 P.2d 713 ], People v. Loeun (1997) 17 Cal.4th 1 [ 69 Cal.Rptr.2d 776 , 947 P.2d 1313 ], and People v. Zermeno (1999) 21 Cal.4th 927 [ 89 Cal.Rptr.2d 863 , 986 P.2d 196 ], concerned subdivision (b)(1) of section 186.22; that subdivision increases the punishment for gang-related felonies. The fourth case, People v. Castenada (2000) 23 Cal.4th 743 [ 97 Cal.Rptr.2d 906 , 3 P.3d 278 ] (Cas tenada), involved subdivision (a), which defines a particular offense to which only gang members are subject. An element of that offense is that the defendant “actively participates in any criminal street gang.” (§ 186.22, subd. (a).) In those four decisions, section 186.22 was directly at issue.

This case indirectly involves subdivision (a) of section 186.22. There is an express reference to that provision in section 12031, subdivision (a)(2)(C),…

The majority strains to construe key statutory phrases in a manner inconsistent with the legislative intent as reflected in the language and history of the relevant statutes and as ascertained in our recent opinion in People v. Castenada (2000) 23 Cal.4th 743 [ 97 Cal.Rptr.2d 906 , 3 P.3d 278 ], I respectfully dissent.

Penal Code section 12031 1 makes it a crime for a person to carry a loaded firearm in public. (Id., subd. (a)(1).) Ordinarily, a person found in violation of this statute is subject to misdemeanor punishment. (Id., subd. (a)(2)(G).) As relevant here, however, section 12031 authorizes felony punishment where the violator “is an active participant in a criminal street gang, as defined in subdivision (a) of Section 186.22 [hereafter section 186.22(a)], under the Street Terrorism Enforcement and Prevention Act.” 2 (§ 12031, subd. (a)(2)(C); hereafter section 12031(a)(2)(C).)

As the majority observes, just last month we unanimously concluded in People v. Castenada, supra, 23 Cal.4th at pages 745 and 752, that a defendant “actively participates” in a criminal street gang “within the meaning of section 186.22[(a)]” where the defendant’s gang involvement “is more than…

This is the fifth, and probably not the last, in a series of recent decisions by this court that involve Penal Code section 186.22, a provision of the California Street Terrorism Enforcement and Prevention Act of 1988, also known as the STEP Act. [1] Three of these cases, People v. Gardeley (1996) 14 Cal.4th 605 , People v. Loeun (1997) 17 Cal.4th 1 , 69 Cal.Rptr.2d 776 , 947 P.2d 1313 , and People v. Zermeno (1999) 21 Cal.4th 927 , 89 Cal.Rptr.2d 863 , 986 P.2d 196 , concerned subdivision (b)(1) of section 186.22; that subdivision increases the punishment for gang-related felonies. The fourth case, People v. Castenada (2000) 23 Cal.4th 743 , 97 Cal.Rptr.2d 906 ( Castenada ), involved subdivision (a), which defines a particular offense to which only gang members are subject. An element of that offense is that the defendant "actively participates in any criminal street gang." (§ 186.22, subd. (a).) In those four decisions, section 186.22 was directly at issue.

This case indirectly involves subdivision (a)of section 186.22. There is an express reference to that provision in section 12031, subdivision (a)(2)(C), under which defendant was charged. That subdivision…