Defendant’s sentence for second degree robbery and the substantive offense of gang participation is affirmed, but modified to bring the judgment into compliance as Penal Code section 654 precludes multiple punishment for both: 1) gang participation, one element of which requires that the defendant have willfully promoted, furthered, or assisted in any felonious criminal conduct by members of the gang; and 2) the underlying felony that is used to satisfy this element of gang participation.
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Filed November 23, 2009
Judges
Opinion by Judge Richli
CounselFor Appellant: Edward J. Haggerty
For Appellee: Edmund G. Brown Jr., Attorney General, Gary W. Schons, Senior Assistant Attorney General, and Ronald Jakob and Jennifer A. Jadovitz, Deputy Attorneys General
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