What is the range of sentences for a defendant convicted of attempted murder under section 12022.53 of the California Criminal Code?

California, United States of America


The following excerpt is from People v. Fuentes, D074886 (Cal. App. 2019):

On count 1, the court sentenced Fuentes to 15 years to life, plus 25 years for the gun enhancement, plus 10 years for the gang enhancement under section 186.22, subdivision (b)(1)(C), for a total prison term of 50 years to life. Fuentes contends, and the Attorney General agrees, that this is an unauthorized sentence. The sentence for attempted premeditated murder is an indeterminate term of life in prison with the possibility of parole. ( 664, subd. (a).) Section 186.22, subdivision (b)(5), pertaining to the gang enhancement, provides that where, as here, a defendant commits a crime punishable by imprisonment for life, the defendant is subject to a minimum term of 15 years before being considered for parole. This 15-year minimum term is in lieu of the 10-year determinate gang enhancement under section 186.22, subdivision (b)(1)(C). (People v. Arauz (2012) 210 Cal.App.4th 1394, 1404-1405 [15-year minimum parole period rather than 10-year gang enhancement applies to life term for premeditated and deliberate attempted murder].)

Section 12022.53, subdivision (d) provides:

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