California, United States of America
The following excerpt is from People v. Valdovino, C076774 (Cal. App. 2015):
On appeal, this court affirmed the judgment of conviction but reversed the true finding on the prior strike allegation and vacated defendant's sentence. We remanded for a retrial on the strike allegation if the People so elected or for a new sentencing hearing if the People did not go forward timely on the strike allegation. We also held, under compulsion of People v. Lopez (2005) 34 Cal.4th 1002, that the trial court must delete the 10-year gang enhancement it had imposed for attempted murder because it had already imposed a 15-year minimum parole eligibility gang enhancement as to the same count, and must instead impose the same 10-year enhancement (which it had previously stayed) on the kidnapping count. (Valdovino, supra, [at p. 9].)
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