California, United States of America
The following excerpt is from People v. Celis, B256031 (Cal. App. 2015):
Appellant's contention concerns the aspect of the sentence that the trial court imposed under subdivision (b)(5) of section 186.22 (subdivision (b)(5)), which is an element of the complex statute governing sentencing for gang-related crimes (People v. Lopez (2005) 34 Cal.4th 1002, 1004-1011). The jury found that appellant had engaged in gang-related crimes, as specified in subdivision (b)(1) of section 186.22. Under subdivision (b)(5), anyone who engages in such conduct "'in the commission of a felony punishable by imprisonment in the state prison for life[], shall not be paroled until a minimum of 15 calendar years have been served.'" (Lopez, supra, 34 Cal.4th at p. 1006.) Subdivision (b)(5) applies to all life terms (Lopez, supra, at pp. 1007-1011), including one imposed for attempted willful, deliberate, and premeditated murder, which is subject to punishment by imprisonment for life with the possibility of parole (People v. Villegas (2001) 92 Cal.App.4th 1217, 1228; 664, subd. (a)).
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