California, United States of America
The following excerpt is from People v. Miranda, 11 Cal. Daily Op. Serv. 1473, 121 Cal.Rptr.3d 231, 192 Cal.App.4th 398, 2011 Daily Journal D.A.R. 17 (Cal. App. 2011):
The third alternative in section 667(e)(2)(A)(iii) uses virtually identical language to the minimum parole eligibility period prescribed by section 667.7, subdivision (a)(1) for infliction of great bodily injury by defendants who had served two prior separate prison terms. The statute provides the minimum parole eligibility shall be "20 years, or the term determined by the court pursuant to Section 1170 for the underlying conviction, including any enhancement applicable under Chapter 4.5 (commencing with Section 1170) of Title 7 of Part 2, or any period prescribed by Section 190 or 3046, whichever is greatest." ( 667.7(a)(1); italics added.) 6 Like section 667(e)(2)(A) presently before us, section 667.7(a)(1) gives the trial court three alternatives to calculate the longest minimum parole eligibility date: "(1) 20 years, (2) the period equal to the hypothetical determinate term that would be imposed under section 1170 *416 (if the qualifying conviction is one that otherwise would be punishable under 1170); [citation], or (3) the 'period prescribed by Section 190 or 3046' (if the qualifying conviction is murder or any other offense that otherwise, independently of section 667.7, would be punishable by a life sentence)." ( People v. Jenkins (1995) 10 Cal.4th 234, 243, 40 Cal.Rptr.2d 903, 893 P.2d 1224 ( Jenkins.)
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