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).
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