California, United States of America
The following excerpt is from People v. Soto, B270095 (Cal. App. 2017):
The sentence for attempted willful, deliberate, and premeditated murder is life with the possibility of parole. ( 664, subd. (a).) Typically, a defendant sentenced to life with the possibility of parole must serve a term of at least seven years before becoming eligible for parole. ( 3046, subd. (a)(1).) However, section 186.22(b)(5) "sets forth an alternate penalty for the underlying felony itself, when the jury has determined that the defendant has satisfied the conditions specified in the statute." (People v. Jefferson (1999) 21 Cal.4th 86, 101 (Jefferson) [discussing former section 186.22, subdivision (b)(4), and clarifying that the 15-year minimum term is not a sentence enhancement].) Section 186.22(b)(5) therefore "establishes the punishment for the 'current felony conviction'" and is subject to sentence-doubling under the Three Strikes law. (Ibid.)
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.