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P. v. Speldrick
Defendant Patrick John Speldrick was tried twice in this matter. In the first trial, the jury found him guilty of actively participating in a criminal street gang and was unable to reach a verdict on the remaining charges of conspiring to commit murder, attempted murder, and assault with a deadly weapon. In the second trial, the jury found defendant guilty of the remaining charges and found those offenses were committed for the benefit of a criminal street gang. Defendant subsequently admitted having served seven separate prior terms in state prison. He raises a number of issues on appeal. We agree with two. The trial court erred in instructing the jury in the first trial. We therefore reverse defendant’s conviction for actively participating in a criminal street gang. The trial court also erred in imposing a consecutive 10-year gang enhancement to his 25 years to life sentence. The 10-year enhancement provided by Penal Code[1] section 186.22, subdivision (b)(1)(C) does not apply when a defendant has been sentenced to a life term in prison. Instead, section 186.22, subdivision (b)(5) imposes a 15-year minimum parole eligibility. Consequently, we will order the abstract of judgment corrected.

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