In what circumstances will a court overturn a conviction for active participation in a criminal street gang?

In Carrasco I, supra, G047903, a panel of this court concluded the evidence was insufficient under People v. Rodriguez (2012) 55 Cal.4th 1125 to support the conviction for active participation in a criminal street gang. Carrasco argued, and the Attorney General agreed, that under section 1170.1, subdivisions (f) and (g), the trial court could not impose additional punishments on all three sentence enhancement allegations. We stated: "Which additional punishments may be imposed depends on whether the violent felony serving as the predicate for the additional punishment under section 186.22(b)(1)(C) is firearm use or infliction of great bodily injury. We leave such sentencing decisions to the trial court on remand." (Carrasco I, supra, G047903.) We reversed the conviction on count 3, reversed the sentences on the enhancement

Page 5

allegations, and remanded for resentencing consistent with section 1170.1, subdivisions (f) and (g). (Carrasco I, supra, G047903.)