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Name: People v. Harper
Case #: D038973
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 06/06/2003
Subsequent History: None

The Fourth District, Division 1 holds that where defendant was convicted of first degree murder for the benefit of a criminal street gang (Pen. Code, sec. 186.22, subd. (b)(1), the enhancement for a 15 year minimum parole eligibility term applied, rather that a 10 year determinate term. The court found the clear language of the statute required imposition of the 15 year minimum term when the defendant was sentenced to a crime punishable by imprisonment for life. The court disagreed with the majority opinion in People v. Herrera (2001) 88 Cal.App.4th 1353.