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  #26  
Old 07-16-2017, 05:08 PM
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Default P.c. 186.22

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Originally Posted by Mels5 View Post
How big of an effect do gang affiliation have on charges? If there are diff charges does each charge get a seperate add on for gang affiliation? Any info on gang charges would be highly appreciated. Thank you
It can have a big effect on a sentence. PC.186.22
Full Penal Code section at the above link. I just put the first few sections of P.C. 186.22


Cal. P.C 186.22
(a) Any person who actively participates in any criminal street gang with knowledge that its members engage in or have engaged in a pattern of criminal gang activity, and who willfully promotes, furthers, or assists in any felonious criminal conduct by members of that gang, shall be punished by imprisonment in a county jail for a period not to exceed one year, or by imprisonment in the state prison for 16 months, or two or three years.

(b) (1) Except as provided in paragraphs (4) and (5), any person who is convicted of a felony committed for the benefit of, at the direction of, or in association with any criminal street gang, with the specific intent to promote, further, or assist in any criminal conduct by gang members, shall, upon conviction of that felony, in addition and consecutive to the punishment prescribed for the felony or attempted felony of which he or she has been convicted, be punished as follows:

(A) Except as provided in subparagraphs (B) and (C), the person shall be punished by an additional term of two, three, or four years at the court’s discretion.
(B) If the felony is a serious felony, as defined in subdivision (c) of Section 1192.7, the person shall be punished by an additional term of five years.
(C) If the felony is a violent felony, as defined in subdivision (c) of Section 667.5, the person shall be punished by an additional term of 10 years.

(2) If the underlying felony described in paragraph (1) is committed on the grounds of, or within 1,000 feet of, a public or private elementary, vocational, junior high, or high school, during hours in which the facility is open for classes or school-related programs or when minors are using the facility, that fact shall be a circumstance in aggravation of the crime in imposing a term under paragraph (1).

(3) The court shall select the sentence enhancement which, in the court’s discretion, best serves the interests of justice and shall state the reasons for its choice on the record at the time of the sentencing in accordance with the provisions of subdivision (d) of Section 1170.1.
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  #27  
Old 07-16-2017, 05:12 PM
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The original charge was AWD, plus firearm enhancement. They put a plea on the table for 7 years, AWD only. Because there was no gun and the only witness was inherently biased, my husband took it to court. Obviously, that didn't work out.

His co-defendant had prior felony charges and wound up with an indeterminate (to Life) sentence.
My husband was told 20 to life but still hasn't received a plea deal. He doesn't want to take anything over 10 but trial scares me! Thanks again.
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Old 07-16-2017, 05:13 PM
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My husband was told 20 to life but still hasn't received a plea deal. He doesn't want to take anything over 10 but trial scares me! Thanks again.


Mel, for the record, could you please remind us what he is being charged with?
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  #29  
Old 07-16-2017, 05:15 PM
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Mel, for the record, could you please remind us what he is being charged with?
They are trying to charge him with 2 robberies and attempt murder
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Old 07-16-2017, 05:15 PM
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It can have a big effect on a sentence. https://leginfo.legislature.ca.gov/f...r=11.&article= PC.186.22
Full Penal Code section at the above link. I just put the first few sections of P.C. 186.22


Cal. P.C 186.22
(a) Any person who actively participates in any criminal street gang with knowledge that its members engage in or have engaged in a pattern of criminal gang activity, and who willfully promotes, furthers, or assists in any felonious criminal conduct by members of that gang, shall be punished by imprisonment in a county jail for a period not to exceed one year, or by imprisonment in the state prison for 16 months, or two or three years.

(b) (1) Except as provided in paragraphs (4) and (5), any person who is convicted of a felony committed for the benefit of, at the direction of, or in association with any criminal street gang, with the specific intent to promote, further, or assist in any criminal conduct by gang members, shall, upon conviction of that felony, in addition and consecutive to the punishment prescribed for the felony or attempted felony of which he or she has been convicted, be punished as follows:

(A) Except as provided in subparagraphs (B) and (C), the person shall be punished by an additional term of two, three, or four years at the court’s discretion.
(B) If the felony is a serious felony, as defined in subdivision (c) of Section 1192.7, the person shall be punished by an additional term of five years.
(C) If the felony is a violent felony, as defined in subdivision (c) of Section 667.5, the person shall be punished by an additional term of 10 years.

(2) If the underlying felony described in paragraph (1) is committed on the grounds of, or within 1,000 feet of, a public or private elementary, vocational, junior high, or high school, during hours in which the facility is open for classes or school-related programs or when minors are using the facility, that fact shall be a circumstance in aggravation of the crime in imposing a term under paragraph (1).

(3) The court shall select the sentence enhancement which, in the court’s discretion, best serves the interests of justice and shall state the reasons for its choice on the record at the time of the sentencing in accordance with the provisions of subdivision (d) of Section 1170.1.
Thank you.
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  #31  
Old 07-16-2017, 05:16 PM
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I know this is a little of topic but was there proof of the use of a firearm in ur case? They are trying to say there was a firearm in my husbands case but no type of evidence. I wasn't aware that would be 10 years of an add on What a nightmare!
Not in mine but here the use of a firearm can add up to 20 years on top of any other charges. I'm not clear how they can add the enhancement if there is no evidence of one being used. Are you guys using private counsel or a public defender?
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  #32  
Old 07-16-2017, 05:16 PM
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That is 3 strikes even without enhancements. All violent. 20 to life would be a very generous sentence for those charges
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  #33  
Old 07-16-2017, 05:16 PM
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Not in mine but here the use of a firearm can add up to 20 years on top of any other charges. I'm not clear how they can add the enhancement if there is no evidence of one being used. Are you guys using private counsel or a public defender?
He has a lawyer
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Old 07-16-2017, 05:18 PM
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That is 3 strikes even without enhancements. All violent. 20 to life would be a very generous sentence for those charges
His lawyer had said 20 to life and 2 strikes. Does 20 to life mean he has to do minimum 20 with a max of life??
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  #35  
Old 07-16-2017, 05:19 PM
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Not in mine but here the use of a firearm can add up to 20 years on top of any other charges. I'm not clear how they can add the enhancement if there is no evidence of one being used. Are you guys using private counsel or a public defender?
Gun enhancement easy to convict on. All that needs to be said in court is that they saw a gun during the robbery. Been hit two times on the gun enhancement myself
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  #36  
Old 07-16-2017, 05:20 PM
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His lawyer had said 20 to life and 2 strikes. Does 20 to life mean he has to do minimum 20 with a max of life??
Yes, it means his first opportunity to see the board would be in 20 years. But they can deny until he's served Life.
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Old 07-16-2017, 05:20 PM
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Gun enhancement easy to convict on. All that needs to be said in court is that they saw a gun during the robbery. Been hit two times on the gun enhancement myself
Wow well that seems real unfair! Idk what to think😭
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Old 07-16-2017, 05:20 PM
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His lawyer had said 20 to life and 2 strikes. Does 20 to life mean he has to do minimum 20 with a max of life??


20 years at 80% less any milestone/rehab/educational credits. Max is life. He would have to earn parole.

But let's be realistic for a moment. Unless his attorney has a strong defense case that's probably going to be the best offer because the charges he's facing would normally carry much, much more time. They're all violent. He won't get early parole.
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Old 07-16-2017, 05:22 PM
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Yes, it means his first opportunity to see the board would be in 20 years. But they can deny until he's served Life.
What do you think is trial a good idea? I know it's a very personal opinion I just don't know what to think anymore.
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Old 07-16-2017, 05:23 PM
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20 years at 80% less any milestone/rehab/educational credits. Max is life. He would have to earn parole.

But let's be realistic for a moment. Unless his attorney has a strong defense case that's probably going to be the best offer because the charges he's facing would normally carry much, much more time. They're all violent. He won't get early parole.
The lawyer is basically going if the fact that they have basically no evidence except for the similarity of the truck he was driving to the truck at the scene.
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Old 07-16-2017, 05:24 PM
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What do you think is trial a good idea? I know it's a very personal opinion I just don't know what to think anymore.
My personal opinion is that if there is any possible way they can convince the jury he is an active gang member, that will sink his case. The rest doesn't matter.
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  #42  
Old 07-16-2017, 05:27 PM
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My personal opinion is that if there is any possible way they can convince the jury he is an active gang member, that will sink his case. The rest doesn't matter.
Well thank you I appreciate the honesty
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Old 07-16-2017, 05:37 PM
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My personal opinion is that if there is any possible way they can convince the jury he is an active gang member, that will sink his case. The rest doesn't matter.
I agree with this 100%.
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Old 09-14-2017, 12:35 PM
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Thumbs down That's a lot of enhancement time

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Mine got 7 for his crime, 10 for the use of a firearm and 20 for gang affiliation. So yeah, it can be a game changer.
I think you might have gotten it backwards, though. I see it more like 10 for the gang enhancement on the violent felony (attempted murder) he was convicted of (CA PC 186.22b for violent felony), and 20 for the personal use and firing of a firearm (CA PC 12022.53). Either way, still 30 years of enhancements on top of a 7 year underlying charge, and that really sucks...
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Old 09-14-2017, 12:45 PM
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Default Miamac is spot on with this

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Well thank you I appreciate the honesty
If this goes to trial, just the mention of gangs can severely prejudice the jury. What his lawyer can/should do is file a motion for a bifurcated trial. The case would be brought before a jury without mention of any gang-related allegations. If found guilty for the underlying offense, the jury would then decide the gang enhancement issue.
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Old 09-14-2017, 12:56 PM
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Either way, still 30 years of enhancements on top of a 7 year underlying charge, and that really sucks...
It was actually 50...on top of the seven. Thankfully they stayed one and ran others concurrent. I guess we should feel lucky?

AS TO COUNT 1, THE COURT IMPOSES THE MID TERM OF 7 YEARS AND 0 MONTHS. PRINCIPAL COUNT DEEMED COUNT # 1.
AS TO ALLEGATIONS DH IN COUNT 1 THE COURT IMPOSES THE UPPER-UPPER TERM OF 10 YEARS AND 0 MONTHS.
AS TO ALLEGATIONS DI IN COUNT 1 THE COURT IMPOSES THE UPPER-UPPER TERM OF 20 YEARS AND 0 MONTHS.
AS TO ALLEGATIONS SH IN COUNT 1 THE COURT IMPOSES THE UPPER-UPPER TERM OF 10 YEARS AND 0 MONTHS.
AS TO ALLEGATIONS SG IN COUNT 1 THE COURT IMPOSES THE UPPER-UPPER TERM OF 10 YEARS AND 0 MONTHS.

COURT ORDERS TIME IMPOSED ON ALLEGATION(S) DH IN COUNT 1 STAYED. ALLEGATION DI IN COUNT 1 TO RUN CONSECUTIVE TO COUNT 1. ALLEGATION SG IN COUNT 1 TO RUN CONSECUTIVE TO COUNT 1
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Old 09-14-2017, 01:39 PM
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Angry Sounds quite excessive

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It was actually 50...on top of the seven. Thankfully they stayed one and ran others concurrent. I guess we should feel lucky?
I know they can stack the gun and gang enhancement on top of each other for some crimes (including att. murder), but for one isolated underlying offense I thought they could only add one of each. Maybe that is why the judge stayed one and ran another concurrent at sentencing? Therefore only one of each actually was used in the sentence???

Also, I was just wondering what those abbreviations SH, SG, DI, and DH mean. I know they represent the enhancements, but why aren't they using the penal codes? I have never seen that notation.

And although I don't know most of the specifics of the case, I am sorry to say that I still don't think you should feel lucky at all!
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Old 09-14-2017, 03:51 PM
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I know they can stack the gun and gang enhancement on top of each other for some crimes (including att. murder), but for one isolated underlying offense I thought they could only add one of each. Maybe that is why the judge stayed one and ran another concurrent at sentencing? Therefore only one of each actually was used in the sentence???

Also, I was just wondering what those abbreviations SH, SG, DI, and DH mean. I know they represent the enhancements, but why aren't they using the penal codes? I have never seen that notation.

And although I don't know most of the specifics of the case, I am sorry to say that I still don't think you should feel lucky at all!
Honestly don't know the answer to any of this. We were not together when he went through this part, I came along 11 years in. I couldn't believe it when he told me how long he was serving and for what. When I pulled his court record and sentencing (copied above) I was floored to see what they had listed. They are enhancements, only the single attempted murder charge is a stand-alone. I guess this was the compromise down from a 25-Life. It's heartbreaking but our saving grace was that he was 19 at the time and we now qualify for SB 261.
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Old 09-14-2017, 03:55 PM
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I think you might have gotten it backwards, though.
You're correct, my mistake. I feel like I've typed it a thousand times and I still make that error. You can see when I look at the sentencing record how I get confused. Ha! But in a summary report they do use the penal codes:

The sentence was composed of a middle term of seven years for attempted murder ( 187, subd. (a), 664), a consecutive term of 20 years for personal firearm use ( 12022.53, subd. (c)), and a consecutive term of 10 years for the criminal street gang enhancement ( 186.22, subd. (b)(1)). The court stayed the term for the section 12022.53, subdivision (b) enhancement.


I think the takeaway as pertinent to the OP is that gang affiliation can have a significant impact on sentencing.
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Old 09-14-2017, 06:42 PM
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Default No doubt about that...

Quote:

I think the takeaway as pertinent to the OP is that gang affiliation can have a significant impact on sentencing.
That is for sure! Unfortunately, I think the OP's husband is looking at a very similar scenario as your husband...

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