People v. Le

CHIN, J.,

Dissenting. — Among other crimes, defendant Down George Yang was convicted of assault with a semiautomatic firearm under Penal Code section 245, subdivision (b), a crime that Penal Code section 1192.7, subdivision (c)(31), defines as a “ ‘serious felony.’ ”1 The jury also found true that he committed that crime to benefit a criminal street gang under section 186.22, subdivision (b)(1), which requires the court to enhance the punishment for a serious felony by an additional five years. The majority, however, relying on section 1170.1, subdivision (f), as interpreted in People v.…