What is the test for sentencing a defendant to 6 life terms for three counts of attempted murder?

California, United States of America


The following excerpt is from People v. Al Lammers, B276229 (Cal. App. 2018):

Finally, this does not appear to have been a close case: after a week-long trial, the jury deliberated for only two hours before reaching a verdict. (Compare People v. Cardenas (1982) 31 Cal.3d 897, 907 [six hours of deliberations is evidence of a close case].)

As discussed, the court sentenced defendant to six life terms for the three counts of attempted willful, deliberate, and premeditated murder. The court arrived at this sentence by imposing one indeterminate life sentence for each count and doubling it under the Three Strikes law. We requested supplemental briefing on whether this sentence was unauthorized, and conclude that it was. (See People v. Scott (1994) 9 Cal.4th 331, 354 [court may correct unauthorized sentence on appeal].)

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)
If appellant is convicted of three counts of attempted murder, can he be found guilty of all three counts even if he failed to aim his gun at a specific target? (California, United States of America)
Does Three Strikes sentencing apply where a defendant is sentenced to a term of life without parole? (California, United States of America)
Can a defendant charged with the murder or attempted murder of an intended target also be convicted of the murder of other, nontargeted persons? (California, United States of America)
Under section 954 of the California Criminal Code, can a defendant bring charges of murder and attempted murder against the same defendant? (California, United States of America)
Does the Attorney General's abstract of judgment reflect the oral pronouncement that defendant's sentence for the offense charged as count 4 is to be served concurrently with the base term count? (California, United States of America)
What is the case law on sentencing a defendant to a more severe sentence than a defendant convicted of murder? (California, United States of America)
Is there any case law where the abstract of judgment incorrectly recites that a defendant was sentenced to life without possibility of parole for the premeditated and deliberate attempted murder charged in count four? (California, United States of America)
What is the case law on sentencing a defendant to a more severe sentence than a defendant convicted of murder? (California, United States of America)
Is a determinate term for one of the 8 counts of attempted murder calculated to run consecutive to the indeterminate term? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.