Is a life sentence before eligibility for parole a violation of section 3046 of the California Criminal Code?

California, United States of America


The following excerpt is from People v. Romero, C085965 (Cal. App. 2019):

life sentence before eligibility for parole." ( 3046, subd. (a); see also People v. Jefferson, supra, 21 Cal.4th at pp. 94-96 [in context of "Three Strikes" law, inmates serving a life sentence for attempted premeditated murder were eligible for parole only if they had served the minimum term of at least seven years pursuant to 3046].)

In this case, the court sentenced defendant to life in prison with the possibility of parole, and then clarified that the minimum term was seven years pursuant to section 3046, subdivision (a)(1). The sentence was authorized. (People v. Jefferson, supra, 21 Cal.4th at pp. 94-96.) The minute order and abstract of judgment appropriately reflect the sentence as imposed. No correction is necessary.

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