What is the applicable section of section 190.2, subdivision (a)(22) of the California Code of Criminal Procedure for First-degree murder?

California, United States of America


The following excerpt is from People v. Valerio, G047217 (Cal. App. 2014):

Section 190.2, subdivision (a)(22) provides for a sentence of death or life without the possibility of parole for first degree murder when "[t]he defendant intentionally killed the victim while the defendant was an active participant in a criminal street gang . . . and the murder was carried out to further the activities of the criminal street gang." Subdivision (c) extends liability for first degree murder to "[e]very person, not the actual killer, who, with the intent to kill, aids, abets, counsels, commands, induces, solicits, requests, or assists any actor in the commission of murder in the first degree . . . ." (See also People v. Mejia, supra, 211 Cal.App.4th at p. 611.)

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