What is the consequence of a change in sentencing in the context of premeditated attempted murder?

California, United States of America


The following excerpt is from People v. Gates, G051126, G051410 (Cal. App. 2016):

Gates received a life sentence for premeditated attempted murder. However, on appeal, this court discovered the jury had not been asked to make a finding Gates committed premeditated attempted murder. Thus, we remanded the case for a new sentencing hearing, and affirmed the judgment in all other respects. (People v. Gates (Jul. 11, 2014, G049834) [nonpub. opn.].)

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