In re Quiroz CA4/3

DISCUSSION

Quiroz contends his five-year gang enhancement was improper for two interrelated reasons: First, the enhancement was not authorized under section 186.22, subdivision (b)(1)(A), the subdivision with which he was charged; and second, even though the enhancement was authorized under subdivision (b)(1)(B), he did not receive adequate notice his sentence could be enhanced pursuant to that subdivision. Neither argument is persuasive. As relevant here, section 186.22, subdivision (b)(1) provides “a person who is convicted of a felony committed for the benefit of, at the direction of, or in association with a criminal street gang, with the specific intent to promote, further, or assist in criminal conduct by gang members, shall, upon conviction of that felony, in addition and consecutive to the punishment prescribed for the felony . . . , 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 [s]ection 1192.7, the person shall be punished by an additional term of five years.…