What is the effect of section 186.22 (b)(5) of the California Penal Code on a person convicted of a violent crime committed for the benefit of a street gang?

'punishable by imprisonment in the state prison for life.' (Pen. Code, 186.22, subd. (b)(5).) Instead, section 186.22, subdivision (b)(5), [which concededly was not referenced in the information,] 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.)

Even though subdivision (b)(5) of section 186.22 was not specifically referenced in the information, defendant was on notice that he was facing, first, life with the possibility of parole on each of counts 1 through 4, and, second, a minimum parole requirement on that life sentence. The first fact was made clear by the reference to section 664, subdivision (a). The second fact was made clear by the recitation to subdivision (b)(1)(C). Subdivision (b)(1) of section 186.22 states in relevant part: "Except as provided in paragraphs (4) and (5), any person who is convicted of a felony committed for the benefit of . . . any criminal street gang, . . . shall, upon conviction of that felony" be punished as set forth in subparagraph (A), (B), or (C). (Italics added.) Thus, although the information did not separately reference subdivision (b)(5) in counts 1 through 4, subdivision (b)(5) is referenced in subdivision (b)(1), which was alleged in those counts in the information. And, there is no requirement in section 186.22 that subdivision (b)(5) be expressly pleaded before a sentence may be imposed pursuant to its provisions. (Compare People v. Mancebo (2002) 27 Cal.4th 735 [ 667.61 expressly requires a circumstance under its provisions to be pleaded and proved].)

Defendant has not shown that a modification of his sentence is required.

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The judgment is affirmed.