What are the sentences for an aider and abettor who has been convicted of assault with intent to commit a violent crime?

On count 2, the trial court also imposed but stayed a 25-year-to-life sentence under section 12022.53, subdivisions (d) and (e)(1), and 20 years under section 12022.53, subdivisions (c) and (e)(1). However, those enhancements only apply to an aider and abettor if the gang enhancement was found true. ( 12022.53, subd. (e)(1)(A); People v. Garcia (2002) 28 Cal.4th 1166, 1171.) The jury did not find the gang allegation true as to count 2, and

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therefore the sentences on the gun enhancements on count 2 must be stricken.

Finally, the trial court, on count 1, imposed and stayed 10 years on the gang enhancement. Although such a term is proper under section 186.22, subdivision (b)(1)(C), when the defendant commits a violent felony, it may not be imposed where, as here, the violent felony is "punishable by imprisonment in the state prison for life." ( 186.22, subd. (b)(5).) In such cases, a 15-year minimum term of parole eligibility is instead imposed. (People v. Lopez (2005) 34 Cal.4th 1002, 1004.)

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