People v. Pettis CA4/1
Opinion
Opinion
Huffman, J.
BACKGROUND
Pettis is a member of the Deep Valley Crip gang.2 He conspired with other members of his gang to murder members of a rival gang in 2004 and 2005. The People charged Pettis with conspiracy to commit murder. A jury convicted Pettis in 2007 and the court sentenced him to an indeterminate term of 25 years to life and imposed but stayed an additional 10-year term under section 186.22, subdivision (b)(1). Pettis sought resentencing under section 1172.6 but was unsuccessful. He now appeals asserting the 10-year gang enhancement is unlawful and necessitates modification of the abstract of judgment. The People concede this sentencing error.
DISCUSSION
As part of Pettis’s sentence, the court imposed a 10-year gang enhancement under section 186.22, subdivision (b)(1). This was error. A conspiracy to commit murder carries the same punishment for first degree murder. (§§ 182, 190, subd. (a).) Because Pettis’s conspiracy to commit murder conviction “is a violent felony that is punishable by imprisonment in the state prison for life,” it is “not subject to a 10-year enhancement under section 186.22(b)(1)(C).” (People v. Lopez (2005) 34 Cal.4th 1002, 1004