P. v. Hooks
A jury convicted Darneil Jamar Hooks of first degree murder (Pen. Code, 187, subd.(a))[1]with special findings that he personally and intentionally discharged a firearm causing death ( 12022.53, subd. (d)), and committed the offense for the benefit of a criminal street gang ( 186.22, subd. (b)(1)). The trial court sentenced appellant to 25 years to life on the murder count, a consecutive term of 25 years to life on the firearm use enhancement ( 12022.53, subd. (d)), and 10 years on the gang enhancement ( 186.22, subd. (b)(2)(C)) for a total aggregate term of 60 years to life. Appellant contends and the Attorney General concedes that we should strike the gang enhancement and modify the sentence to reflect a total aggregate term of 50 years to life with a minimum service of 15 calendar years before parole eligibility. ( 186.22, subd. (b)(5); People v. Lopez (2005) 34 Cal.4th 1002, 1004.) Court agree and modify the judgment accordingly.
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