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Name: Robert L. v. Superior Court
Case #: S100359
Court: CA Supreme Court
District CalSup
Opinion Date: 06/05/2003

Penal Code section 186.22, subdivision (d), added by Proposition 21, provides a sentence of one, two, or three years for offenses committed for the benefit of a criminal street gang. The California Supreme Court granted review in this case to determine whether section 186.22, subdivision (d) is a substantive offense, an alternate penalty provision, or a sentence enhancement; and also whether section 186.22, subdivision (d) applies to all misdemeanors and felonies or only to “wobblers.” The Court of Appeal concluded that 186.22, subdivision (d) is an alternate penalty provision which applies to all misdemeanors and all felonies, and in this opinion the California Supreme Court agrees and affirms. J. Kennard dissented, finding that the only construction of the statute which gives meaning to all its language is to read it as applying only to wobblers.