P.

FACTS

A jury convicted defendant of assaulting Katherine J. with a firearm (Pen. Code § 245, subd. (a)(2); all statutory references are to the Penal Code unless otherwise stated; count three), felon in possession of a firearm (former § 12021, subd. (a)(1) (Stats. 2008, ch. 599, § 4); count five), and active participation in a criminal street gang (§ 186.22, subd. (a); count eight) on December 31, 2009. It also convicted him of possession of methamphetamine for sale (Health & Saf. Code, § 11378; count six),

2 possession of methamphetamine while armed with a loaded firearm (Health & Saf. Code, § 11370.1, subd. (a)(1); count seven), and active participation in a criminal street gang (count 10) on January 3, 2010. The jury found defendant was personally armed with a firearm (§ 12022, subd. (c)) in connection with the possession of methamphetamine for sale. The remaining charges of residential robbery (§§ 211, 212.5, subd. (a), 213, subd. (a)(1)(A); count one), assault with a firearm (§ 245, subd. (a)(2); count two), dissuading a witness (§ 136.1, subd. (c)(1); count four), and enhancements alleged in connection therewith, were dismissed by the court at the close of the prosecution’s…