People v. Lopez

Opinion

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, § 186.22, subd. (b)(5).) Instead, section 186.22, subdivision (b)(5) (section 186.22(b)(5)) applies and imposes a minimum…