How has the sentence been interpreted in the context of attempted premeditated murder?

California, United States of America


The following excerpt is from People v. Nampula, E055708 (Cal. App. 2013):

We next examine the sentence in light of the seriousness of the offense. Attempted premeditated and deliberate murder is indisputably among the most serious of offenses, and defendant committed the offense against two separate victims. Moreover, his personal discharge of a firearm causing great bodily injury and the fact that the offenses were committed for the benefit of a criminal street gang made the offenses even more egregious. "'It was [defendant's] conduct, not his sentence, that was cruel and unusual.' [Citation.]" (People v. Leon (2010) 181 Cal.App.4th 452, 469.)

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