Thursday, February 4, 2016

P v. Salvador (1st Dist., Div.2): PC 186.22 Gang Enhancements Inapplicable to Life Terms

In the published portion of this opinion, a First District panel holds that the 10 year enhancement for violent felonies in which a PC 186.22 gang allegation is true, does not apply when the sentence to be enhanced is any life sentence.

This means Salvador's sentence will be reduced from 425 years-to-life to 325 years-to-life.

After reading the factual synopsis, 325-life does not seem excessive.

[The opening paragraph of the opinion requires a correction.   The phrase "brutalized nightmare" should read "brutal nightmare"; Jane Doe was brutalized, her nightmare was brutal.]

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