What is the minimum sentence for a first degree murder with a finding that the crime was committed for the benefit of a criminal street gang?
California, United States of America
The following excerpt is from People v. Fernandez, B254191 (Cal. App. 2015):
The trial court sentenced defendant to 25 years to life for the murder plus a consecutive 25 years to life for the gun use enhancement. The court imposed a concurrent "15 years to life" sentence on the gang enhancement. But where, as here, the defendant is convicted of first degree murder with a finding that the crime was committed for the benefit of a criminal street gang within the meaning of section 186.22, he is subject to the minimum parole eligibility term of 15 years under section 186.22, subdivision (b)(5). (People v. Lopez (2005) 34 Cal.4th 1002.) On remand, the trial court shall consider the 15-year minimum parole eligibility period ( 186.22, subd. (b)(5)), to the extent relevant.
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