When a defendant is convicted of a felony violation of section 246 of the Criminal Code for the purpose of participating in a criminal gang?
California, United States of America
The following excerpt is from People v. Cruz, C072126 (Cal. App. 2015):
When a defendant is convicted of a felony violation of section 246 with a finding that the offense was committed for the benefit of a gang, the defendant is subject to the penalty provision of section 186.22, subdivision (b)(4), which mandates an indeterminate term of life with a minimum term of 15 years. The gang enhancement ( 186.22, subd. (b)(1)) must be stricken. (People v. Louie (2012) 203 Cal.App.4th 388, 395-396.)
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