California, United States of America
The following excerpt is from People v. Thlang, C089529 (Cal. App. 2020):
In 2006, a jury found defendant guilty of first degree murder ( 187, 189) and several lesser or related offenses to the murder, as to which sentencing was stayed under section 654. The jury also found true a special circumstances allegation that the murder was committed while actively participating in a criminal street gang ( 190.2, subd. (a)(22)) and enhancement allegations that the death was caused by intentional discharge of a firearm ( 12022.53, subds. (d), (e)(1)), that defendant had a prior serious felony conviction ( 1170.12), and, as to the stayed offenses, that they were violent felonies committed to benefit a criminal street gang ( 186.22, subd. (b)(1)(C)). He was sentenced to state prison for life without parole and a consecutive term of 50 years to life. We affirmed the convictions on appeal but, due to sentencing error, we modified the judgment to reflect a sentence of life imprisonment with the possibility of parole with a minimum term of 25 years on the section 12022.53, subdivision (d) enhancement to count 1 and 10 years for the section 186.22, subdivision (b)(1)(C) enhancements on the stayed counts 2 and 3. (People v. Thlang (Dec. 10, 2007, C053540) [nonpub. opn.].)
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