What is the test for staying an enhancement to a sentence for failing to identify a gang-related crime?
California, United States of America
The following excerpt is from The People v. Torres, F058479, No. VCF184161B (Cal. App. 2010):
"Unless a statute says otherwise, an enhancement may be imposed or stricken, but... may not be stayed; to do so is an illegal sentence. [Citation.]" (People v. Harvey (1991) 233 Cal.App.3d 1206, 1231.) Based on this principle, appellant contends, and the People concede, that the court erred in staying the punishment imposed as a result of the true finding on the count 1 gang allegation. We agree.
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