Does section 186.22, Subd. 22, subd. B of the Penal Code apply to a defendant convicted of first degree murder where the crime was committed for the benefit of a criminal street gang?

California, United States of America


The following excerpt is from People v. Williams, B272000 (Cal. App. 2017):

"Penal Code section 186.22, subdivision (b) establishes alternative methods for punishing felons whose crimes were committed for the benefit of a criminal street gang. Section 186.22, subdivision (b)(1)(C) . . . imposes a 10-year enhancement when such a defendant commits a violent felony. Section 186.22[, subdivision ](b)(1)(C) does not apply, however, where the violent felony is 'punishable by imprisonment in the state prison for life.' (Pen. Code, 186.22, subd. (b)(5).) Instead, section 186.22, subdivision (b)(5) . . . applies and imposes a minimum term of 15 years before the defendant may be considered for parole." (People v. Lopez (2005) 34 Cal.4th 1002, 1004 (Lopez).) Section 186.22, subdivision (b)(5) applies to defendants convicted of first degree murder and sentenced to state prison for a term of 25 years to life, even when the minimum parole eligibility term in that subdivision "will have no practical effect," because the minimum parole eligibility term in the murder statute is longer. (Id. at pp. 1008-1009.)

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