What are the consequences of a finding of gang enhancements and gang related firearm use enhancements under rule 4.447 of the Criminal Code?

California, United States of America


The following excerpt is from People v. Hart, G039836 (Cal. App. 8/31/2009), G039836 (Cal. App. 2009):

Alternatively, the court had discretion to strike the gang enhancements under section 186.22, subdivision (g) "where the interests of justice would best be served . . . ." (People v. Sinclair (2008) 166 Cal.App.4th 848, 855.) Thus, where, as here, gang enhancements and gang-related firearm use enhancements have been found true, the court must impose and then stay the gang enhancements under rule 4.447, unless it exercises its discretion to strike the enhancements under section 186.22, subdivision (g). (People v. Sinclair, supra, 166 Cal.App.4th at p. 855.) On remand, should the court choose the latter course, it must "specif[y] on the record and enter[] into the minutes the circumstances indicating that the interests of justice would best be served by that disposition." ( 186.22, subd. (g).)

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