People v. Francis
Annotate this CaseThe Street Terrorism Enforcement and Prevention Act (the STEP Act) imposes an additional penalty on any defendant who commits a felony to benefit a criminal street gang. The Court of Appeal held that, based on the plain language of the statute, the gang enhancement for "other felonies" cannot be appended to a serious or violent felony because serious and violent felonies fall within that provision's excepting clause. Accordingly, the court modified defendant's judgment to reflect the serious-felony gang enhancement, stayed the enhancement, and affirmed as modified.
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