California, United States of America
The following excerpt is from People v. Vivian, C087684 (Cal. App. 2019):
Following a trial, the jury found defendant guilty of second degree murder and personal use of a firearm in the commission of the murder. (People v. Vivian (Apr. 19, 2002, C038211) [nonpub. opn.] (Vivian I).) In this court's opinion affirming the judgment on direct appeal, we noted that "[t]he trial court sentenced him to 15 years to life for the murder and a consecutive sentence of 25 years to life for the use of a firearm." (Ibid.) However, the minute order states that defendant was sentenced to "life with possibility of parole" for the second degree murder and 25 years to life for the personal use of a firearm, noting that defendant would be eligible for parole after serving 40 years. The abstract of judgment reflects the same.
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