How has the court treated section 186.22, subdivision (b)(1)(1) of the Criminal Code and the additional sentencing provision in Section 186. 22 of the Code of Civil Procedure?

⁴ At the prosecutor's request, the trial court treated the alternate sentencing provision in section 186.22, subdivision (d), and the 186.22, subdivision (b)(1), enhancement "the same in terms of what they say" and imposed the eight-month sentence on simple assault, a lesser offense to count 1, under subdivision (d) based on the jury's enhancement finding under subdivision (b).

⁵ Miranda v. Arizona (1966) 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (Miranda ).

⁶ We granted the parties' request for supplemental briefing after Elizalde was published.