People v. Johnson
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.