Apr. 7, 2022 – People v. Lopez (Supreme Ct., S261747)

Even though appellant was convicted of the crime of conspiracy and not completed home-invasion robbery, the trial court sentenced him to an indeterminate life term under PC 186.22(b)(4) because the offense was found to be gang-related. Employing “the usual tools of statutory interpretation,” the Supreme Court holds that PC 182.22(b)(4), “fairly read,” is inapplicable to conspiracy convictions, and that the trial court erred in sentencing appellant to an indeterminate life term.

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