What is the appropriate sentence for a defendant convicted of first degree felony murder with the felony-murder special circumstance?

California, United States of America


The following excerpt is from People v. Reyes, F063993 (Cal. App. 2014):

upon the underlying felony of kidnapping. Thus, pursuant to section 190, subdivision (a), there were three options regarding his sentence. Because the jury also found the kidnapping-felony-murder special-circumstance allegation true pursuant to section 190.2, subdivision (a)(17)(B), and because the prosecution did not seek the death penalty, the penalty for the crime was set at a term of life without the possibility of parole. As a result, defendant was sentenced to a single term of life without the possibility of parole for the crime of first degree felony murder with the felony-murder special circumstance. Defendant was also convicted in count 2 of aggravated kidnapping, however, his sentence on that count was properly stayed as punishing him for felony murder based upon the underlying felony of kidnapping and punishing him again for the felony of kidnapping would violate the multiple punishment provision of section 654. (See People v. Holt (1997) 15 Cal.4th 619, 692 [terms for underlying felony properly stayed under 654 when defendant also convicted of felony murder].)

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