Cross References

  • Serious Felony. “[A]ny felony offense, which would also constitute a violation of Section 186.22” constitutes a "serious felony." (Pen. Code § 1192.7, subd. (c)(28).)
  • Murder special circumstance: "The defendant intentionally killed the victim while the defendant was an active participant in a criminal street gang, as defined in subdivision (f) of Section 186.22, and the murder was carried out to further the activities of the criminal street gang." (§190.2, subd. (a)(22).)
  • Weapon misdemeanors elevated to a felony. Misdemeanor gun offenses of carrying a loaded firearm in public or carrying a concealed weapon are elevated to felonies where the defendant was “an active participant in a criminal street gang, as defined in subdivision (a) of section 186.22.” (Pen. Code § 12031(a)(2)(C) (elevating carrying a loaded firearm in public to a felony) and 12025(b)(3) (elevating carrying a concealed weapon to a felony).) (Note: the misdemeanor conduct cannot support the 186.22 active-participant finding element of the firearms offenses themselves, such that the felony firearm convictions had to be reversed in addition to the reversal of the 186.22(a) conviction. (People v. Lamas (2007) 42 Cal.4th 516, 525-527.))
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