What is the determinative term for premeditated murder and firearm enhancement resulting in death?

California, United States of America


The following excerpt is from People v. Long, B278411 (Cal. App. 2018):

4. Long's sentence was calculated as 50 years to life for premeditated murder (25 years to life for first degree murder, plus 25 years to life for the firearm enhancement resulting in death), plus a full determinative term of 14 years for count 7 (the upper term of four years for aggravated assault plus 10 years for the firearm-use enhancement (12022.5, subd. (a)) and consecutive determinate terms of four years, four months (one-third the middle term for the aggravated assaults plus one-third the upper term for the firearm enhancements) alleged in counts 8 through 11. The court concluded the 15-year minimum parole eligibility date required by section 186.22, subdivision (b)(5), for the murder count because the crime had been committed for the benefit of a criminal street gang was "largely . . . a nullity" because it was subsumed within the 50-year-to-life sentence imposed on that count. Finally, the other firearm enhancements found true for the murder count under section 12022.53, subdivisions (b) and (c), were stayed (People v. Gonzalez (2008) 43 Cal.4th 1118, 1123).

Other Questions


Does a juvenile court convicted minor of attempted second degree murder, not just attempted murder, but also of premeditated attempted murder? (California, United States of America)
What is the range of enhancements for a firearm enhancement on a charge of first-degree murder? (California, United States of America)
What is the determinate and indeterminate range of sentence for a defendant convicted of attempted murder and firearm use enhancement? (California, United States of America)
What is the test for determining whether a murder that is premeditated and deliberated is murder of the first degree? (California, United States of America)
Does a jury have to consider felony murder or premeditated murder before it considers the lesser included offense of second degree murder? (California, United States of America)
How has the court interpreted the word "premeditated" before murder in a premeditated murder case? (California, United States of America)
What is the test for determining whether a defendant committed attempted premeditated murder or assault with a firearm? (California, United States of America)
What is the test for determining whether a defendant committed attempted premeditated murder or assault with a firearm? (California, United States of America)
Can a lesser firearm enhancement be imposed in lieu of a greater firearm enhancement? (California, United States of America)
If a section 12022.53 firearm enhancement is found true for the same crime, can the same firearm enhancement be stayed? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.