Can a defendant be convicted of possessing a firearm as an active participant in a criminal street gang?
California, United States of America
The following excerpt is from People v. Molina, C071453 (Cal. App. 2015):
Defendant was convicted for actively participating in a criminal street gang ( 186.22, subd. (a) [count 10]) and possessing a firearm as an active participant in a criminal street gang. (Former 12025, subd. (b)(3), now 35400, subd. (c) [count 9].) The People concede defendant could not be convicted of these offenses given the fact he acted alone. (People v. Rodriguez (2012) 55 Cal.4th 1125 (Rodriguez).) We accept the People's concession.
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