People v. Montes

Opinion

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 (d) (section 12022.53(d)) enhancement results in a life term, or (b) only if the defendant commits a felony that, by its…