People v. Sanchez (2009)

In People v. Sanchez (2009) 179 Cal.App.4th 709, defendant was found guilty of two counts of second degree robbery without gang enhancements and one count of street terrorism. (People v. Sanchez, supra, 179 Cal.App.4th at p. 713.) The court commented: "For there to be a section 654 issue at all, the defendant must be found guilty of both gang participation and the underlying felony. And to be found guilty of gang participation, the defendant must either personally commit the underlying felony, or 'willfully promote, further, or assist' the underlying felony. (Pen. Code, 186.22, subd. (a).) Thus, if the defendant is also found guilty of the underlying offense, the defendant's intent and objective in committing both offenses must be the same." (People v. Sanchez, supra, at p. 727.) In Sanchez, "the underlying robberies were the act that transformed mere gang membership--which, by itself, is not a crime--into the crime of gang participation. Accordingly, it makes no sense to say that defendant had a different intent and objective in committing the crime of gang participation than he did in committing the robberies. Gang participation merely requires that the defendant 'willfully promoted, furthered, or assisted in any felonious criminal conduct by members of that gang . . . .' (Pen. Code, 186.22, subd. (a).) It does not require that the defendant participated in the underlying felony with the intent to benefit the gang. Citations." (People v. Sanchez, supra, 179 Cal.App.4th at pp. 727-728.)