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Name: People v. Briceno
Case #: G029525
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 06/20/2003
Subsequent History: Rehrg. den. 7/21/03; Rev. granted 9/24/03
Summary

A criminal street gang enhancement (Pen.Code, § 186.22, subd.(b)(1)) cannot be used to transform an offense not otherwise listed as a violent or serious felony into one. Thus, a defendant’s prior convictions for violations of Penal Code section 12021, subdivision (a)(1) (felon in possession of a firearm) and Penal Code section 12025 (active participant in a criminal street gang found carrying a concealed firearm), which each had street gang enhancements, were not strike offenses.