California, United States of America
The following excerpt is from People v. Cruz, G039918 (Cal. App. 6/17/2009), G039918 (Cal. App. 2009):
People v. Briceno (2004) 34 Cal.4th 451, which held that any felony to which a section 186.22, subdivision (b) enhancement is attached qualifies as a serious felony for future enhancement, cited Arroyas with approval, noting it "avoids the impermissible bootstrapping that would occur if any felony that is gang related is also deemed serious in the current proceeding. Specifically, while it is proper to define any felony committed for the benefit of a criminal street gang as a serious felony . . ., it is improper to use the same gang-related conduct again to obtain an additional five-year sentence under section 186.22[, subdivision](b)(1)(B)." (People v. Briceno, supra, 34 Cal.4th at p. 465.)
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