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Name: People v. Montes
Case #: S105781
Court: CA Supreme Court
District CalSup
Opinion Date: 07/31/2003
Subsequent History: None

Penal Code section 186.22, subdivision (b)(5) provides that a defendant who commits a crime punishable by a life term for the benefit of a criminal street gang shall not be paroled for 15 calendar years. The Supreme Court granted review in this case to determine whether this provision applies if the felony is one which together with a section 12022.53, subdivision (d) firearm enhancement results in a life term, or only if the defendant commits a felony that, by its own terms, provides for a life sentence. The Court here concluded that section 186.22(b)(5) applies only where the felony by its own terms provides for a life sentence.