Is there an element of active participation in a criminal street gang, the substantive gang crime?

An element of active participation in a criminal street gang, the substantive gang crime, is that the defendant promoted, furthered, or assisted in felonious criminal conduct. ( 186.22, subd. (a).) Here, the jury was instructed that the alleged felonious conduct supporting the substantive gang crime was the crimes charged against defendant. Section 654 prohibits punishment for both a crime requiring intentional commission of underlying felonious conduct and for the actual underlying felonious conduct itself. (People v. Mesa (2012) 54 Cal.4th 191, 197-198, 200-201.) Therefore, section 654 prohibits punishment for both the substantive gang crime and the other crimes charged. The trial court must, therefore, stay punishment on count ten when it resentences.