California, United States of America
The following excerpt is from People v. Escarcega, 243 Cal.Rptr.3d 771, 32 Cal.App.5th 362 (Cal. App. 2019):
statute increasing term for second degree murder when killing is committed by shooting from a vehicle was a penalty provision, not a substantive crime]; People v. Weathington , supra , 231 Cal.App.3d at p. 89, 282 Cal.Rptr. 170 [based on legislative history, it "is clear the purpose of the repeat offender provisions of the drunk driving statutes historically has been to specify penalties rather than to define the crime"].) To understand why, we must consider the problem of street racing in the early aughts.
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