Appeals Court Approves LWOP Gang Enhancement

California’s First District Court of Appeals has rejected a gang murderer’s claim that using his membership in a street gang as a special circumstance to support his life without parole sentence (LWOP) was unconstitutional.  The San Jose Mercury News reports that the court’s unanimous decision denied the claim, finding that the sentence enhancement for a killing that furthers the purpose of a gang does not violate the Eighth Amendment.   The case involved the 2014 first-degree murder conviction of David Arce for the killing of rival gang member Earl Hamilton.  After finding Arce, guilty of the murder, the jury found two special circumstances; the killing was gang related, and Arce was a convicted felon in possession of a firearm.  These findings qualified Arce for a sentence of LWOP.   On appeal, Arce claimed that the law allowing a special circumstance for a murder which furthered the purpose of a gang is unconstitutionally vague.   The court held that “It is difficult to conceive of a situation where a defendant would commit murder to further an innocent gang purpose.”   It is likely that Arce will appeal the decision.