Does section 186.22, subdivision (b)(1)(C) of the California Criminal Code apply to a convicted felon who was convicted of a violent crime committed for the benefit of a criminal street gang?

California, United States of America


The following excerpt is from People v. Bautista, G057189 (Cal. App. 2020):

"[S]ection 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." [Citation.] 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.) In the absence of the section 186.22, subdivision (b) gang enhancement, defendant would be eligible for parole on his life terms after seven years. Where the gang enhancement is found true, however, the minimum parole eligibility period is increased to 15 years. ( 3046, subd. (a).) The enhancement does not impose a determinate term to be served before the indeterminate life term commences.

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