What is the range of sentences available under section 186.22 of the California Criminal Code for discharging a firearm at an occupied vehicle?

Here, appellant was convicted of shooting at an occupied motor vehicle ( 246) which, by itself, is punishable by a term of three, five, or seven years in prison, at the trial court's discretion. But when that crime is committed to benefit a criminal street gang, as the jury here found, the penalty is life imprisonment, with a minimum term of no less than 15 years. ( 186.22, subd. (b)(4).) That life term does not constitute a sentence enhancement, because it is not imposed in addition to the sentence for the underlying crime (here, shooting at an occupied motor vehicle); rather, it is an alternate penalty for that offense. (People v. Jones (2009) 47 Cal.4th 566, 576.) Because the felony that defendant committed (shooting at an occupied motor vehicle) was punishable by a life term under section 186.22, subdivision (b)(4) (because it was committed to benefit a criminal street gang), he committed a "felony punishable by . . . imprisonment in the state prison for life" within the meaning of subdivision (a)(17) of section 12022.53.

Because use of a firearm is an element of the section 246 offense which the jury found true, the plain language of section 12022.5, subdivision (a) ("unless use of a firearm is an element of the offense") prohibited imposition of punishment under that subdivision. (See, e.g., People v. Kramer (2002) 29 Cal.4th 720, 723, fn. 2 [noting Pen. Code, 12022.5, subd. (a) enhancement does not apply if firearm use is an element of the underlying offense, thereby precluding its application to the crime of discharging a firearm at an occupied vehicle].)