California, United States of America
The following excerpt is from People v. Drummer, H041826 (Cal. App. 2017):
Section 186.22, subdivision (b) "establishes alternative methods for punishing felons whose crimes were committed for the benefit of a criminal street gang." (People v. Lopez (2005) 34 Cal.4th 1002, 1004 (Lopez).) When a defendant is sentenced to life in prison for an offense, section 186.22, subdivision (b)(5) which imposes a 15-year minimum is controlling, and the provision for a 10-year enhancement should be stricken. (Lopez, at pp. 1007, 1010-1011.) Thus, here, the abstract of judgment must be amended to delete the sentence for the gang enhancement in count one.
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