People v. Meza CA2/2

DISCUSSION

I. Propriety of firearm enhancement based on gang enhancement

Defendant was sentenced to an additional 25 years to life because Sotello killed Hendricks by intentionally discharging a firearm. (§ 12022.53, subds. (d), (e)(1); § 186.22, subds. (b)(4), (e)(1).) This enhancement is usually reserved for the shooter, but can also enhance the sentence of a defendant who was not the shooter if (1) the shooter intentionally discharged a firearm and killed someone, (2) the shooter and the defendant were both “principals” in the commission of the charged crime, and (3) the charged crime was “committed for the benefit of, at the direction of, or in association with any criminal street gang, with the specific intent to promote, further, or assist in any criminal conduct by gang members.” (Ibid., italics added; People v. Salas (2001) 89 Cal.App.4th 1275, 1281.) To prove this last element, the People must prove, among other things, a link to a “criminal street gang.” A “criminal street gang” is (1) “any ongoing organization, association or group of three or more persons,” (2) “having as one of its primary activities the commission of [certain enumerated] criminal acts,” (3)…