What is the appropriate sentence for attempted, willful, deliberate, deliberate and premeditated murder?

California, United States of America


The following excerpt is from People v. Cortez, B244720 (Cal. App. 2013):

The authorized sentence for attempted, willful, deliberate, and premeditated murder is life in prison with the possibility of parole, not 15 years to life. ( 664, subd. (a).) Thus the trial court should have sentenced defendant to prison for life with the possibility of parole and then set the minimum parole eligibility at 15 years pursuant to section 186.22, subdivision (b)(5), before adding the firearm enhancement of 25 years to life, to run consecutively to the life term. (Cf. People v. Lopez (2005) 34 Cal.4th 1002, 1007-1009; People v. Garcia (2004) 118 Cal.App.4th 987, 993.) We modify the judgment accordingly.

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