Does Section 186.22, subdivision (b)(1)(C) of the California Criminal Code apply?
California, United States of America
The following excerpt is from People v. Ogura, 2d Crim. No. B239122 (Cal. App. 2014):
Section 186.22, subdivision (b) provides alternative methods for punishing felons whose crimes were committed for the benefit of a criminal street gang. (People v. Lopez (2005) 34 Cal.4th 1002, 1004.) The People acknowledge that because paragraph (5) applies, the gang enhancement imposed under section 186.22, subdivision (b)(1)(C) must be stricken. (People v. Lopez, supra, at pp. 1009, 1011.) Instead, the greater 25 years to life term applies.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does section 27 of the California Criminal Code, section 778a, subdivision (a)(1) of the Criminal Code of California apply to a defendant who is charged with a charge of conspiracy to commit a crime committed outside of the state? (California, United States of America)
Does the Attorney General's sentencing error under section 667.5, subdivision (a) of the California Criminal Code apply to recidivism enhancements under sections 667 and 667 of the Criminal Code? (California, United States of America)
Does Section 186.22, subdivision (b)(1)(1) of the California Criminal Code apply to a person convicted of a criminal street crime committed for the benefit of, at the direction of, or in association with any criminal street gang? (California, United States of America)
What is the difference between Section 667.5, subdivision (b) of the California Criminal Code and section 667, subdivision 5, of the Criminal Code? (California, United States of America)
What is the effect of the one third-the-midterm rule of section 1170.1, subdivision (a) under section 654 of the California Criminal Code when applying to stay a sentence under Section 654? (California, United States of America)
Does section 1305, subdivision (b) of the California Criminal Code, section 977 of the Criminal Code apply to a defendant's right to be present at trial? (California, United States of America)
Does Section 669, subdivision (a) of the California Criminal Code, section 669 of the Criminal Code apply to a life sentence for a convicted rapist who has been sentenced to life in prison without a chance of parole? (California, United States of America)
Does a prior conviction under section 666.5, subdivision 667, subdivision (a) of the California Criminal Code apply to section 667.5? (California, United States of America)
Does section 667 of the California Criminal Code prohibit the District Attorney from invoking section 654 of the Criminal Code to strike a prior conviction enhancement under Section 667? (California, United States of America)
Does Section 186.22, subdivision (f) of the California Criminal Street Gang Guidelines apply to criminal street gangs? (California, United States of America)
