P. v. Quintos CA6
In 2002, defendant was charged with murder (§ 187), two counts of attempted carjacking (§§ 215, subd. (a), 664), and two counts of attempted second degree robbery (§§ 211, 664). The complaint alleged that defendant committed each of the offenses for the benefit of, at the direction of, or in association with a criminal street gang (§ 186.22, subd. (b)(1)).
Defendant pleaded no contest to first degree murder. After a bench trial, the superior court found the gang enhancement true. The court sentenced defendant to 25 years to life consecutive to a 10-year determinate term for the gang enhancement.
Defendant appealed, contending that there was insufficient evidence to sustain the gang enhancement and that the consecutive 10-year term constituted an unauthorized sentence. In case No. H025916, this court upheld the true finding on the gang enhancement but agreed that section 186.22, subdivision (b)(5) precluded the imposition of a consecutive 10-year term.
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