Is the substantive crime of actively participating in a street gang a lesser included crime of a violation of section 186.22 of the California Criminal Code?

Defendant next argues that count three, the substantive crime of actively participating in a street gang, must be stricken as a lesser included offense of count one. The test for a lesser included offense is whether one offense necessarily includes the commission of another. (People v. Pearson (1986) 42 Cal.3d 351, 355.) As the court established in Lamas, it is not possible to commit a violation of subdivision (a)(2)(C) without satisfying all the requirements of section 186.22, subdivision (a). (Lamas, supra, 42 Cal.4th at p. 524.) Therefore, count three is indeed a lesser included offense of count one, and must be reversed.