Is life without parole the presumptive sentence under section 190.5(b) of the California Penal Code?

California, United States of America


The following excerpt is from People v. Doolittle, F067402 (Cal. App. 2015):

with common usage. For example, if a teacher informed her students that 'you must take a final exam or, at your discretion, write a term paper,' it would be reasonable for the students to believe they were equally free to pursue either option. The text of section 190.5[, subdivision ](b) does not clearly indicate whether the statute was intended to make life without parole the presumptive sentence." (People v. Gutierrez, supra, 58 Cal.4th at p. 1371.)

Other Questions


Does Section 669, subdivision (a) of the California Criminal Code, section 669 of the Criminal Code apply to a life sentence for a convicted rapist who has been sentenced to life in prison without a chance of parole? (California, United States of America)
Does section 654 of the California Penal Code allow for an act or omission that is punishable by different sections of the Penal Code to be punished by one or more sections? (California, United States of America)
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)
Is life without parole the presumptive sentence under section 190.5 of the California Penal Code? (California, United States of America)
Is a convicted member of a street gang who is serving time for a charge of possession of a firearm with intent to endanger life or cause grievous bodily harm under section 186.22 of the California Penal Code (b)(1)(1) of the Penal Code)? (California, United States of America)
What is the meaning of section 190.5(b) of the California Penal Code when it refers to life without parole? (California, United States of America)
Is life without parole the presumptive sentence under section 190.5 of the California Criminal Code? (California, United States of America)
Does a parole revocation fine under section 1202.45 of the California Criminal Code apply to a defendant who has been sentenced to life without parole? (California, United States of America)
How does section 1054.9 of the California Penal Code apply to defendants serving a sentence of life without possibility of parole? (California, United States of America)
Can a defendant be convicted of a lesser included crime of the same crime under both sections of the California Penal Code and Section 654 of the Penal Code? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.