Is there a minimum parole date for a defendant who is convicted of a special circumstance first-degree murder?

California, United States of America


The following excerpt is from People v. Hernandez, H035408 (Cal. App. 2011):

Lopez is distinguishable from the present case. In Lopez, the defendant was sentenced to a term of 25 years to life for first degree murder (Lopez, supra, 34 Cal.4th at p. 1005), whereas, defendant here was sentenced to life without the possibility of parole for special circumstance first degree murder. It would make no sense and would serve no purpose to include a minimum parole date on such a term. The purpose of sentencing the defendant to additional enhancements, such as the 10-year gang enhancement, is to protect against the eventuality that the defendant's sentence might one day be reduced on direct appeal or habeas corpus. (See, e.g., People v. Garnica (1994) 29 Cal.App.4th 1558, 1564.)

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