People v. Jorge P.

Appellant Jorge R, an admitted gang member, was riding in the front passenger seat of a car with two other known gang members when they were pulled over by police. A police officer discovered a gun in plain sight on the rear left passenger floorboard. Appellant appeals from the juvenile court’s true findings that he (1) carried a loaded firearm in a vehicle (Pen. Code, § 12031, subd. (a)(1); hereafter section 12031(a)(1)) 1 as an active participant in a criminal street gang (§ 12031, subd. (a)(2)(C); hereafter section 12031(a)(2)(C)), and (2) was a minor in possession of a firearm (§ 12101, subd. (a)(1); hereafter section 12101(a)(1)). For the reasons that follow, we remand the matter to the juvenile court. In the published portion of this opinion, we conclude section 12031(a)(2)(C) requires proof of felonious conduct separate and distinct from the conduct supporting a section 12031(a)(1) allegation, notwithstanding the possibility the section 12031(a)(1) conduct can support multiple offense allegations. In the unpublished portion, we address appellant’s claims of insufficient evidence, clerical error, and sentencing error.

FACTUAL AND PROCEDURAL HISTORY

Appellant was a…