P.

I. Background

Because there was no preliminary examination, we take the facts from the probation report. On March 1, 2012, Soledad Police Department gang officers e-mailed fellow officers that they had received information that defendant “was in possession of a handgun with orders to take out (kill) any Norteno gang drop out [sic] on sight.” Defendant “was looking to put in work, or commit violent criminal acts for the gang,” the e-mail explained, “to establish a name for himself within the Norteno Criminal Street Gang.” On April 18, 2012, an e-mail sent out for officer safety purposes advised that “Norteno shot callers (gang leaders) had ordered street gang members to shoot gang drop outs [sic] on sight. They were also ordered to wear black hooded sweaters, or sweatshirts with their hoods on at all times.” The e-mail said defendant had recently been seen in a YouTube video with known Norteños, openly wearing gang colors, displaying gang signs, and showing gang tattoos. He had also been seen in photographs with known gang members, some of whom had recently been arrested for a gang-related drive-by shooting. Around 6:00 p.m. on April 18, 2012, officers arriving for a community…