California, United States of America
The following excerpt is from The People v. Lucero, F058576, No. VCF197610F (Cal. App. 2011):
In count I, defendant was convicted of kidnapping for robbery in violation of section 209, subdivision (b)(1), an offense which is normally punishable by an indeterminate term of life with the possibility of parole. The jury found the gang enhancement true as to that count. As we have explained, the jury's verdict on count I and true finding on the gang enhancement are supported by substantial evidence. Therefore, it would seem that the court properly sentenced defendant as to count I, kidnapping for robbery, to life with a minimum of 15 years before being eligible for parole, based on the provisions of the gang enhancement in section 186.22, subdivision (b)(5). (See, e.g., People v. Lopez (2005) 34 Cal.4th 1002, 1004.)
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