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Name: People v. Herrera
Case #: B139597
Court: CA Court of Appeal
District 2 DCA
Division: 5
Opinion Date: 05/10/2001
Subsequent History: Rev. den. 8/22/01

Defendant was convicted of first degree murder, and was found to have personally used a firearm under Penal Code section 12022.53, subdivisions (d) and (e). The murder was found to have been for the benefit of a street gang under Penal Code section 186.22, subdivision (b)(1). After a lengthy statutory history analysis, the court concluded that the correct term for the first degree murder was 25 years to life, because that punishment was set by a voter initiative (Pen. Code, § 190), which could not be amended by a mere legislative enactment (former Penal Code section 186.22, subdivision…

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