California Court of Appeal

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PEOPLE v. MONTES, C036904

Because the 10-year street gang enhancement under Penal Code section 186.22(b) is ambiguous, the enhancement does not apply when the underlying felony is punishable by imprisonment in the state prison for life.

Appellate Information

  • Decided 02/27/2002
  • Published 02/27/2002

Judges

  • SCOTLAND, P.J.

Court

  • California Court of Appeal

Counsel

  • For Appellees:
  • Richard A. Levy, under appointment by the Court of Appeal, Torrance, for Defendant and Appellant., Bill Lockyer, Attorney General, David P. Druliner, Chief Assistant Attorney General, Robert R. Anderson, Senior Assistant Attorney General, Carlos A. Martinez, Supervising Deputy Attorney General, Matthew Chan and Charles V. Fennessey, Deputy Attorneys General, for Plaintiff and Respondent.