Hunt

A jury convicted defendant, Melvin Lee Hunt, of three counts of second degree robbery, during which defendant acted as a principal and the crime benefited a street gang (Pen. Code, § 12022.53, subd. (e)), 1 and which benefitted a street gang (§ 186.22, subd. (b)). The jury also convicted defendant of active participation in a street gang (§ 186.22, *814 subd. (a)). He was sentenced to prison for 13 years eight months and appeals, claiming admission of gang evidence violated his due process right to a fair trial, there was insufficient proper evidence to support the gang enhancements and sentencing error occurred. We reject defendant’s contention, save his assertion that the sentencing court erred in not staying his sentence for active participation in a street gang. We therefore order the trial court to stay this sentence, thereby reducing his total sentence, reflect these facts in the abstract of judgment and minutes of the sentencing hearing, and correct other errors in those documents. Otherwise, we affirm.

Facts

On May 17, 2009, defendant drove his companion, a fellow gang member, to a fast-food restaurant where the latter held up, at gunpoint, three of its…