The People, Plaintiff and Appellant v. Daniel Infante, Defendant and Respondent

Summary

The court held that a felon's possession of a firearm constitutes felonious criminal conduct under section 186.22, subdivision (a), even when the same possession also supports misdemeanor firearm-carrying offenses that are elevated to felonies under the gang-related penalty provisions. The court rejected the argument that the felon-in-possession conduct had to be separate from the conduct underlying the firearm-carrying offenses and disapproved contrary authority. It affirmed the Court of Appeal's reversal of the trial court's dismissal of the firearm-carrying counts.