People v. Herrera

In People v. Herrera (1999) 70 Cal.App.4th 1456, 1466, the defendant had participated in a gang-related drive-by shooting in which two people were injured. He was convicted of conspiracy to commit murder, two counts of attempted murder, and numerous other crimes including one count of street terrorism under section 186.22, subdivision (a). Among the many enhancement allegations found true was a gang benefit enhancement under section 186.22, subdivision (b)(1). The defendant was sentenced to consecutive life terms for each count of attempted murder; one of those terms was enhanced with an eight-month term for the gang enhancement under section 186.22, subdivision (b)(1). Sentence on the conspiracy count was stayed pursuant to section 654, but all other terms, including street terrorism, were ordered to run concurrently with the sentences on the attempted murder counts. ( People v. Herrera, supra, 70 Cal.App.4th at p. 1462.)