P. v. Gonzalez CA4/3

Filed 3/5/13 P. v. Gonzalez CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent, G046564

v. (Super. Ct. No. 11CF1475)

ALEJANDRO GONZALEZ, OPINION

Defendant and Appellant.

Appeal from a judgment of the Superior Court of Orange County, Patrick

Donahue, Judge. Affirmed in part and reversed in part.

Melissa Hill, under appointment by the Court of Appeal, for Defendant and Appellant.

Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant

Attorney General, Julie L. Garland, Assistant Attorney General, Steve Oetting and

Andrew Mestman, Deputy Attorneys General, for Plaintiff and Respondent.

* * *

A jury convicted Alejandro Gonzalez of second degree robbery (count 1;

Pen. Code, §§ 211, 212.5, subd. (c); all further statutory references are to this code), assault with a firearm (count 2; § 245, subd. (a)(2)), felon in possession of a firearm

(§ 12021, subd. (a)(1)), misdemeanor trespass (§ 602.5, subd. (b)) as a lesser-included

offense of gang-related trespass (§ 186.22, subd. (d)), and active gang participation (count 5; § 186.22, subd. (a); hereafter sometimes “street terrorism,” “the (a) count,” or