What is the total determinate term for a man convicted of assault with intent to murder under section 1385 of the Criminal Code?

California, United States of America


The following excerpt is from People v. Bell, D072748 (Cal. App. 2019):

years.28 However, the abstract of judgment shows the total determinate term is 36 years, not 33 years. After remand for resentencing to allow the trial court to consider whether to exercise its section 12022.53, subdivision (h) discretion to strike or dismiss any or all of the section 12022.53 gun enhancements under section 1385, the court should amend the abstract of judgment to reflect, inter alia, the correct total determinate term. (People v. Mitchell (2001) 26 Cal.4th 181, 185.)

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