What is the applicable sentence for a man convicted of second degree murder and personal use of a firearm in the commission of murder?

California, United States of America


The following excerpt is from People v. Vivian, C087684 (Cal. App. 2019):

Following a trial, the jury found defendant guilty of second degree murder and personal use of a firearm in the commission of the murder. (People v. Vivian (Apr. 19, 2002, C038211) [nonpub. opn.] (Vivian I).) In this court's opinion affirming the judgment on direct appeal, we noted that "[t]he trial court sentenced him to 15 years to life for the murder and a consecutive sentence of 25 years to life for the use of a firearm." (Ibid.) However, the minute order states that defendant was sentenced to "life with possibility of parole" for the second degree murder and 25 years to life for the personal use of a firearm, noting that defendant would be eligible for parole after serving 40 years. The abstract of judgment reflects the same.

Other Questions


Is a convicted murderer serving a life sentence for second degree murder eligible for resentencing based on two prior robbery convictions? (California, United States of America)
How have courts reduced a convicted first-degree murderer's sentence to second-degree murder? (California, United States of America)
What is the test for a jury to convict appellant of second degree murder based solely on evidence of the crime of second-degree murder? (California, United States of America)
What is the test for a jury to convict a defendant of second degree murder (Pen. Code, 1. 187) of second-degree murder (e.g. shod feet)? (California, United States of America)
What if a jury convicted appellant of either first degree or second degree murder and also convicted him of grand theft person? (California, United States of America)
Can a jury convict a defendant of second degree murder under the second degree felony-murder rule? (California, United States of America)
Can a jury convict a defendant of second degree murder under the second degree felony-murder rule? (California, United States of America)
Can a defendant seek to overturn a conviction for second-degree murder by appealing against the finding that the trial court failed to instruct on the charge of second degree murder? (California, United States of America)
Can a jury still convict a defendant of second degree second-degree murder if he shot his wife while committing an assault with a deadly weapon? (California, United States of America)
Does the second degree felony of discharging a firearm constitute a second-degree felony-murder? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.