People v. Johnson

Good Law
176 Cal. Rptr. 3d 917·2014 Cal. App. LEXIS 826·229 Cal. App. 4th 910
Court of Appeal of CaliforniaSeptember 11, 2014F066627California5,890 words

Opinion

Opinion

Kane, J.

Defendant Daniel Maurice Johnson, a ward of the juvenile court, was charged with two counts of felony possession of a firearm (Pen. Code, former § 12021, subd. (e), § 29820, subd. (b); counts 1 & 4), two counts of felony possession of ammunition (former § 12316, subd. (b)(1), § 30305, subd. (a)(1); counts 2 & 5), and two counts of active participation in a criminal street gang (§ 186.22, subd. (a); counts 3 & 6). On December 6, 2012, the jury convicted him on all counts. On February 1, 2013, the trial court denied probation, sentenced defendant to two years eight months in prison on counts 3 and 6, and stayed execution of punishment on the remaining counts.

On appeal, defendant contends that the evidence did not sufficiently support his convictions for gang participation on counts 3 and 6. In view of People v. Rodriguez (2012) 55 Cal.4th 1125 [ 150 Cal.Rptr.3d 533 , 290 P.3d 1143 ] (Rodriguez), we reverse these convictions because substantial evidence did not establish that defendant promoted, furthered, or assisted in the perpetration of felonious conduct by at least two gang members.

STATEMENT OF FACTS

I. Prosecution case-in-chief a. Counts 1 through

On September…

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