California, United States of America
The following excerpt is from People v. Flenory-Davis, C072000 (Cal. App. 2014):
Defendant first contends the life sentence, with a seven-year minimum parole eligibility date, is unauthorized for count two, because the information did not charge, and the jury did not find, that the attempted murder was willful, premeditated and deliberate, therefore the only lawful sentence would be to select from the triad of five, seven, or nine years, as provided by section 664, subdivision (a). The People agree, implicitly ascribing the problem to an apparent pleading oversight by the prosecutor. We accept the concession of error. (See People v. Lee (2003) 31 Cal.4th 613, 616 [pleading and proof required in order to impose life term for attempted murder].)
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