Is California Penal Code 12022.53 illegal?
Update:
Draconian at it's best! Might not be illegal, but I'm sure the wording is out of whack. for example e) (1) The enhancements provided in this section shall apply to any person who is a PRINCIPAL in the commission of an offense if BOTH of the following are pled and proved:
(A) The person violated subdivision (b) of Section 186.22.
(B) Any principal in the offense committed any act specified in
subdivision (b), (c), or (d). So, in your opinion after reading this part If a person is given 25 to life but not found guilty of the gang allegation, but was of the actual crime in B. Is that correct when the code stipulates that the person must be guilty of both?
Comments
You're going to have to explain yourself better than that.
No, but draconian and the strictest sentencing enhancement in the nation.
Of course it is that is why it is a penal code.