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Name: People v. Martinez
Case #: G032245
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 06/30/2004
Subsequent History: Rev. granted 9/15/04: S126653

A prior offense which was found to have been committed for the benefit of or in association with a criminal street gang may serve as a serious felony enhancement under Penal Code section 667, subdivision (e)(1). The defendant’s prior conviction was for a violation of Penal Code section 12021, subdivision (d), possessing a firearm while on probation, and that conviction had been enhanced under Penal Code section 186.22, subdivision (b). The appellate court found that this enhancement was sufficient to qualify the offense as a serious felony under Penal Code section 1192.7, subdivision (c)(28).