California, United States of America
The following excerpt is from The People v. Ramirez, F059574, No. VCF228326 (Cal. App. 2011):
Carjacking is also a section 667.5(c) violent felony. ( 667.5(c)(17).) However, a defendant subject to sentencing on a carjacking conviction under the alternate penalty provision of section 186.22(b)(4) is not also subject to a gang enhancement under section 186.22(b)(1)(C). (People v. Sok (2010) 181 Cal.App.4th 88, 96.) Under those circumstances, the enhancement is simply not "applicable." (Ibid.) Therefore, the court erred in staying the count 1 section 186.22(b)(1)(C) enhancement. We will modify the judgment accordingly. The abstract of judgment does not reflect this purported stay, and therefore it is not necessary to direct that the court amend the abstract of judgment to reflect this modification.
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