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How does a “gang enhancement” applied to a misdemeanor work under Penal Code Section 186.22(d)?

  How does a “gang enhancement” applied to a misdemeanor work under Penal Code Section 186.22(d)? I. IT IS AN ALTERNATE PENALTY PROVISION Penal Code Section 186.22(d) is not a substantive offense, nor a sentencing enhancement, but is an alternate penalty provision which gives the Judge the discretion to treat the offense as a misdemeanor […]

How does a “gang enhancement” applied to a misdemeanor work under Penal Code Section 186.22(d)?

  How does a “gang enhancement” applied to a misdemeanor work under Penal Code Section 186.22(d)? I. IT IS AN ALTERNATE PENALTY PROVISION Penal Code Section 186.22(d) is not a substantive offense, nor a sentencing enhancement, but is an alternate penalty provision which gives the Judge the discretion to treat the offense as a misdemeanor […]

New Sentences as Misdemeanors Under Proposition 47

Proposition 47 takes effect November 4, 2014 and changes sentences for low-level nonviolent crimes such as simple drug possession and petty theft from felonies (or wobblers) to straight misdemeanors. The provisions of Proposition 47 are fully retroactive, setting forth a mechanism for relief for defendants who are either currently serving sentences or have already completed their sentences. Crimes affected by Prop. 47 […]