P.

FACTS

Defendant was a member of the Fifth Street criminal street gang. One night he was hanging out in the Fifth Street neighborhood and smoking methamphetamine with two fellow gang members (Frank Sincox and John Murillo) and a member of a non-rival

1 All further statutory references are to the Penal Code unless otherwise stated.

2 gang (Daniel Miramontes). The foursome then hung out with other people in a motel room where everyone smoked methamphetamine and Murillo drank hard liquor. Murillo started getting rowdy. The foursome then got into Murillo’s van and Murillo started driving. Sincox sat in the front passenger seat while defendant and Miramontes sat in the back seat. Murillo started “challenging” defendant and Sincox. Murillo told them “they don’t know how to gang bang,” so they should “go out today and do something.” Murillo said they should smash on members of their rival, the Seventeenth Street gang. Miramontes received a phone call from a girl he knew, who reported a “suspicious” man was in Fifth Street territory dressed in checkered shorts. Murillo said they should “go gang banging, smashing some guys.” Murillo said this was Sincox’s “beef” or fight. They drove down…