California, United States of America
The following excerpt is from People v. Alvarado, H045500 (Cal. App. 2020):
Relevant here, subdivision (b)(5) of section 186.22 provides that "any person who is convicted of a felony committed for the benefit of, at the direction of, or in association with any criminal street gang, with the specific intent to promote, further, or assist in any criminal conduct by gang members . . . [] . . . [] . . . shall not be paroled until a minimum of 15 calendar years have been served," if the punishment for the underlying felony is life imprisonment. "The effect of section 186.22, subdivision (b)(5) is to increase the minimum parole eligibility date on a willful, deliberate, and premeditated attempted murder sentence. Absent a determination the accused is subject to the enhanced sentencing provisions of section 186.22 or some other provision of law, a sentence for willful, deliberate, and premeditated murder is for a life term with a minimum wait for parole of seven years. ( 3046, subd. (a)(1).) However, once a finding pursuant to section 186.22, subdivision (b)(5) is returned, the minimum wait for parole eligibility under a life sentence is increased to 15 years."8 (People v. Salas (2001) 89 Cal.App.4th 1275, 1280-1281, fn. omitted (Salas).)
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