PEOPLE v. LOPEZ

No. S119294.

22 Cal.Rptr.3d 869 (2005)

34 Cal.4th 1002

103 P.3d 270

The PEOPLE, Plaintiff and Respondent, v. Jesus LOPEZ, Defendant and Appellant.

Supreme Court of California.

January 6, 2005.


Attorney(s) appearing for the Case

Joseph Shipp, under appointment by the Supreme Court, Oakland, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Donald E. De Nicola, Margaret E. Maxwell and Jeffrey B. Kahan, Deputy Attorneys General, for Plaintiff and Respondent.

David La Bahn; Steve Cooley, District Attorney (Los Angeles), Patrick D. Moran and Brent Riggs, Deputy District Attorneys, for California District Attorneys Association as Amicus Curiae on behalf of Plaintiff and Respondent.


BAXTER, J.

Penal Code section 186.22, subdivision (b) establishes alternative methods for punishing felons whose crimes were committed for the benefit of a criminal street gang. Section 186.22, subdivision (b)(1)(C) (section 186.22(b)(1)(C)) imposes a 10-year enhancement when such a defendant commits a violent felony. Section 186.22(b)(1)(C) does not apply, however, where the violent felony is "punishable by imprisonment in the state prison for life." (Pen.Code, ...

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