Is a life sentence with a minimum minimum parole eligibility date for the attempted murder of a man in a car accident?

California, United States of America


The following excerpt is from People v. Flenory-Davis, C072000 (Cal. App. 2014):

Defendant first contends the life sentence, with a seven-year minimum parole eligibility date, is unauthorized for count two, because the information did not charge, and the jury did not find, that the attempted murder was willful, premeditated and deliberate, therefore the only lawful sentence would be to select from the triad of five, seven, or nine years, as provided by section 664, subdivision (a). The People agree, implicitly ascribing the problem to an apparent pleading oversight by the prosecutor. We accept the concession of error. (See People v. Lee (2003) 31 Cal.4th 613, 616 [pleading and proof required in order to impose life term for attempted murder].)

Other Questions


Does a juvenile court convicted minor of attempted second degree murder, not just attempted murder, but also of premeditated attempted murder? (California, United States of America)
What is the appropriate sentence for a man convicted of a 1st Attempted Murder and what is the minimum parole eligibility period for the crime? (California, United States of America)
What is the minimum parole eligibility date on a willful, deliberate and premeditated attempted murder sentence? (California, United States of America)
What is the minimum wait for parole date for a life sentence for a willful, deliberate and premeditated attempted murder? (California, United States of America)
Does a jury have a duty to instruct the jury on voluntary manslaughter and attempted voluntary manslaughter as lesser included offenses of murder and attempted murder? (California, United States of America)
What is the test for correcting the abstract of judgment to reflect a life term without parole, rather than a life sentence, on count two (attempted murder)? (California, United States of America)
Is a person who has served a minimum sentence for a crime committed before the expiration of his sentence has a right to parole? (California, United States of America)
Is a convicted murderer who is serving a minimum term of life imprisonment for first-degree murder subject to lifetime parole supervision? (California, United States of America)
What is the applicable section of section 186.22(b)(1)(C) of the California Criminal Code for the attempted murder of a man who was convicted of the crime of attempted murder? (California, United States of America)
Can a defendant charged with the murder or attempted murder of an intended target also be convicted of the murder of other, nontargeted persons? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.