(DOWNLOAD) "Robert L. V. Superior Court Of Orange County" by California Supreme Court # eBook PDF Kindle ePub Free
eBook details
- Title: Robert L. V. Superior Court Of Orange County
- Author : California Supreme Court
- Release Date : January 05, 2003
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 86 KB
Description
At the March 7, 2000 Primary Election, the California electorate passed Proposition 21, the Gang Violence and Juvenile Crime Prevention Act of 1998. Section 4 of Proposition 21 added Penal Code, section 186.22, subdivision (d) (section 186.22(d)), *fn1 which provides that, "[a]ny person who is convicted of a public offense punishable as a felony or a misdemeanor," committed for the benefit of a criminal street gang, shall be punished by imprisonment in the county jail, or by imprisonment in the state prison for one, two, or three years. In this case, we decide two issues: (1) whether section 186.22(d) is a sentence enhancement, an alternate penalty provision, or a substantive offense; and (2) whether section 186.22(d) applies to all misdemeanors and all felonies or only to "wobblers"; namely, those public offenses that are punishable, in the alternative, as a misdemeanor or a felony. *fn2 The Court of Appeal concluded that section 186.22(d) was an alternate penalty provision that applied to all misdemeanors and all felonies. We agree and affirm the judgment of the Court of Appeal.