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People v. Yang, C062816

By FindLaw Staff on October 14, 2010 | Last updated on March 21, 2019

Fireamr enhancement stricken from defendant's sentence in gang-related murder conviction

People v. Yang, C062816, involved a prosecution of defendant for voluntary manslaughter and for participating in a criminal street gang.  In striking the jury's finding true a firearm enhancement on the voluntary manslaughter conviction in sentencing defendant to 25-years-to-life, the court imposed a previously stayed 10-year enhancement for a gang-committed violent felony as the enhancement for firearm discharge by a co-principal that caused death in a gang-committed felony does not apply to him because defendant was not convicted of one of the qualifying offenses enumerated in section 12022.53(d) & (e)(1).

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