What is the effect of section 186.22(b)(1)(C) of the California Criminal Code on a life sentence for a violent crime committed for the benefit of a street gang?

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) . . . 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." ( 186.22, subd. (b)(5).) Instead, section 186.22, subdivision (b)(5) . . . applies and imposes a minimum term of 15 years before the defendant may be considered for parole." (People v. Lopez (2005) 34 Cal.4th 1002, 1004; cf. People v. Salas (2001) 89 Cal.App.4th 1275, 1281-1283 [parole ineligibility inapplicable when 12022.53, subd. (e)(1) enhancement is imposed, absent personal firearm use].)

Defendant was sentenced to life terms for the violent felonies of murder and conspiracy to murder and, thus, the section 186.22, subdivision (b)(1)(C) sentence enhancement is inapplicable. (People v. Lopez, supra, 34 Cal.4th at p. 1004.) We shall modify the sentence to delete, rather than to stay, those terms.

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