Gomez

*613 Opinion

I. INTRODUCTION

Defendant Carlos Gomez and three others assaulted Nicasio Estrada at an apartment complex where Estrada lived. During the attack, one of the assailants obtained the keys to Estrada’s pickup truck. After beating Estrada, the four men left the apartment complex in defendant’s car, then returned 10 or 20 minutes later. By that time, Estrada was inside his apartment. Two of the four assailants got into Estrada’s track and drove away.

Defendant was charged with carjacking (count 1; Pen. Code, § 215, subd. (a)), 1 robbery (count 2; § 211), assault with a deadly weapon (count 3; § 245, subd. (a)(1)), and active participation in a criminal street gang (count 4; § 186.22, subd. (a)). The People also alleged the offenses were committed for the benefit of, at the direction of, and in association with a criminal street gang under section 186.22, subdivision (b). The People further alleged defendant had one “strike” conviction (§§ 667, subds. (c), (e)(1), 1170.12, subd. (c)(1)) and one prior serious felony (§ 667, subd. (a)).

A jury convicted defendant of the carjacking count, simple assault (a lesser included offense of assault with a deadly weapon),…