People v. Phu CA3

BACKGROUND

Defendant drove a vehicle containing approximately 19.4 grams of methamphetamine on January 26, 2012. He drove the vehicle for the benefit of the Tiny Rascal Gangsters street gang. An amended consolidated information charged defendant with active participation in a criminal street gang (Pen. Code, § 186.22, subd. (a) -- count one); possession of a controlled substance for sale (Health & Saf. Code, § 11378 -- count two); transportation of a controlled substance (Health & Saf. Code, § 11379, subd. (a) -- count three); possession of a controlled substance while armed with a firearm (Health & Saf. Code, § 11370.1, subd. (a) -- count four); possession of a firearm by a convicted felon (Pen. Code, § 29800, subd. (a)(1) -- count six); and driving in willful or wanton disregard for the safety of persons or property while fleeing from a pursuing police officer (Veh. Code, § 2800.2, subd. (a) -- count seven). The amended consolidated information further alleged that defendant was previously convicted of a serious felony (Pen. Code, §§ 667, subd. (b)-(i), 1170.12), was armed with a firearm during the commission of his crimes (Pen. Code, § 12022, subd. (c)), committed his crimes…