Can the Attorney General be adjudicated for active participation in a criminal street gang as alleged in count 5?
California, United States of America
The following excerpt is from People v. Angeles (In re Angeles), G048377 (Cal. App. 2014):
Nor can his adjudication for active participation in a criminal street gang, as alleged in count 5, because, as the Attorney General admits, that offense is a lesser included offense of carrying a loaded firearm in public as a gang member. (People v. Flores (2005) 129 Cal.App.4th 174, 184.) Therefore, we will reverse the trial court's true finding on count 5, as well.
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