Supreme Court of California

Penal Code section 186.22(b)(5), providing 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," applies only where the felony by its own terms provides for a life sentence.

Appellate Information

• Decided 07/31/2003
• Published 07/31/2003

Judges

• MORENO, J.

Court

• Supreme Court of California

Counsel

• For Appellees:
  
•  Richard A. Levy, Los Angeles, under appointment by the Supreme Court, for Defendant and Appellant., Bill Lockyer, Attorney General, David P. Druliner and Robert R. Anderson, Chief Assistant Attorneys General, Jo Graves, Assistant Attorney General, Carlos A. Martinez, Mathew Chan and Charles V. Fennessey, Deputy Attorneys General, for Plaintiff and Respondent.