Does a conviction for unlawfully carrying a loaded firearm in public as an active participant in a criminal street gang need to be overturned?

A conviction for unlawfully carrying a loaded firearm in public as an active participant in a criminal street gang ( 25850, subd. (c)(3)) requires the prosecutor to prove each element of the substantive gang offense ( 186.22, subd. (a)). (People v. Infante, supra, 58 Cal.4th at pp. 691-692, citing People v. Robles (2000) 23 Cal.4th 1106, 1115.) Thus, our conclusion that the third element of the substantive gang offense was not supported by substantial evidence necessitates reversal of defendant's conviction for violation of section 25850, subdivision (c)(3), as well.