What is the range of life sentences available under section 12022.53 of the California Criminal Code when a defendant is convicted of the same gang-related murder?

California, United States of America


The following excerpt is from People v. Delvillar, F069224 (Cal. App. 2018):

( 12022.53, subds. (b)-(e).) Subdivision (d) of that section mandates a consecutive 25 years to life enhancement for anyone who personally and intentionally discharged a firearm causing great bodily injury or death during the commission of one of the specified felonies. (Id., subd. (d).) Subdivision (e)(1) of section 12022.53 imposes the enhancement on an aider or abettor who committed the felony for or with a criminal street gang. (Ibid.) Read together, section 12022.53, subdivisions (d) and (e)(1) require the imposition of a consecutive 25 years to life enhancement when a defendant is convicted of the relevant gang enhancement, also convicted of murder, and any principal in the murder "personally and intentionally discharge[d] a firearm" causing death to a person who was not an accomplice. (People v. Hernandez (2005) 134 Cal.App.4th 474, 480.)

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