Montes

Penal Code section 186.22, subdivision (b)(5) (section 186.22(b)(5)) provides that a defendant who commits “a felony punishable by imprisonment in the state prison for life” for the benefit of a criminal street gang “shall not be paroled until a minimum of 15 calendar years have been served.” We granted review to determine whether this provision applies (a) if the defendant commits a felony which, together with the Penal Code section 12022.53, subdivision (d) (section 12022.53(d)) enhancement results in a life term, or (b) only if the defendant commits a felony that, by its own terms, provides for a life sentence.

For the reasons stated below, we conclude that section 186.22(b)(5) applies only where the felony by its own terms provides for a life sentence.

PROCEEDINGS BELOW

On March 8, 2000, defendant shot a rival gang member several times, inflicting serious injuries requiring surgery. Following a court trial, defendant was convicted of attempted murder. (Pen. Code, §§ 664, 187.) The court also found true that defendant intentionally discharged a firearm while committing the offense (§§ 12022.5, 12022.53, subds. (b), (c)), inflicted great bodily injury (§§ 12022.7,…