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PEOPLE v. MONTES

No. S105781.

2 Cal.Rptr.3d 621 (2003)

73 P.3d 489

31 Cal.4th 350

The PEOPLE, Plaintiff and Respondent, v. Victor Rodriguez MONTES, Defendant and Appellant.

Supreme Court of California.

As Modified September 10, 2003.

Attorney(s) appearing for the Case

Richard A. Levy, Los Angeles, under appointment by the Supreme Court, for Defendant and Appellant.

Bill Lockyer, Attorney General, David P. Druliner and Robert R. Anderson, Chief Assistant Attorneys General, Jo Graves, Assistant Attorney General, Carlos A. Martinez, Mathew Chan and Charles V. Fennessey, Deputy Attorneys General, for Plaintiff and Respondent.

MORENO, J.

Penal Code section 186.22, subdivision (b)(5) (section 186.22(b)(5)) provides that a defendant who commits "a felony punishable by imprisonment in the state prison for life" for the benefit of a criminal street gang "shall not be paroled until a minimum of 15 calendar years have been served." We granted review to determine whether this provision applies (a) if the defendant commits a felony which, together with the Penal Code section 12022.53, subdivision...

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