Can a defendant who has been given a life sentence for an assault with intent to murder be convicted of the crime under section 12022(a) of the Penal Code section 120 22(b) and section 5.5 of the Criminal Code?
California, United States of America
The following excerpt is from People v. Brown, 119 Cal.App.3d 116, 173 Cal.Rptr. 877 (Cal. App. 1981):
McGinnis claims that the armed and use findings under Penal Code sections 12022(a) and 12022.5 should be stricken from this judgment because the added penalties provided by these sections may not be imposed when a defendant has been given a life sentence. (People v. Walker (1976) 18 Cal.3d 232, 243-244, 133 Cal.Rptr. 520, 555 P.2d 306.)
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