Montes

At the direction of a fellow South Side Locos gang member, defendant Victor Rodriguez Montes shot a rival gang member several times, inflicting serious injuries requiring surgery.

Defendant was convicted of attempted second degree murder. (Pen.Code, §§ 664/187; further section references are to this code unless otherwise specified.) The trier of fact also found that, in committing the offense, defendant intentionally discharged a firearm (§§ 12022.5, 12022.53, subds.(b), (c)), inflicted great bodily injury on the victim (§§ 12022.53, subd. (d), 12022.7), participated in a criminal street gang (§ 186.22, subd. (a)), and acted for the benefit of a street gang (§ 186.22, subd. (b)(1)). He was sentenced to prison term of 7 years for attempted murder, plus a consecutive term of 10 years for the street gang enhancement and a consecutive term of 25 years to life for the firearm and great bodily injury enhancement.

On appeal, defendant contends the court erred in imposing the 10 year street gang enhancement. (§ 186.22, subd. (b)(1).) He argues this enhancement does not apply when the underlying felony is "punishable by imprisonment in the state prison for life" (§…