What are the consequences of a jury finding a defendant guilty of murder and attempted murder for the benefit of a criminal street gang?

California, United States of America


The following excerpt is from People v. Yu, G058358 (Cal. App. 2020):

A jury convicted defendant of murder ( 187, subd. (a); count 1), attempted murder ( 664, subd. (a), 187, subd. (a); count 2), and active participation in a criminal street gang ( 186.22, subd. (a); count 3). At trial, the prosecution's theory of liability was that the murder occurred during the commission of a robbery. The jury found defendant committed the murder and attempted murder for the benefit of a criminal street gang ( 186.22, subd. (b)(1)) and that he personally discharged a firearm in the commission of those offenses ( 12022.53, subd. (c)). In his appeal from the judgment, we affirmed defendant's convictions but remanded for sentencing errors. (People v. Yu, supra, G046106.) At the resentencing hearing, the court sentenced defendant to prison for a determinate term of 59 years and an indeterminate term of 15 years to life.

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