Is a defendant entitled to a reduced sentence if he is convicted of first degree murder?

California, United States of America


The following excerpt is from People v. Holt, 208 Cal.Rptr. 547, 37 Cal.3d 436, 690 P.2d 1207 (Cal. 1984):

15 Although the prosecutor's suggestion was misleading because a person convicted of first degree murder is not automatically eligible for release on parole (see 190, 3041, subd. (b), 3046), the contention that the prosecutor misstated the law is not available to defendant on appeal. This point was not raised below. A timely objection and admonishment would have cured the harm (People v. Green, supra, 27 Cal.3d at 2, 34-35, 164 Cal.Rptr. 1, 609 P.2d 468).

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