What is the range of sentences available to a defendant for the purposes of appealing against his conviction for attempted murder?
California, United States of America
The following excerpt is from People v. Jones, B271129 (Cal. App. 2016):
In January 2007, the court sentenced defendant to 40 years to life in prison, consisting of: (1) life in prison with the possibility of parole for attempted willful, deliberate, and premeditated murder ( 664); (2) a minimum of 15 years in prison before defendant could be eligible for parole, based upon the gang enhancement statute ( 186.22, subd. (b)(5)); and (3) a consecutive term of 25 years to life for the firearm enhancement ( 12022.53, subd. (d)). Defendant appealed, but did not raise any issue concerning his sentence. In September 2008, we affirmed the conviction in an unpublished decision. (People v. Jones (Sept. 9, 2008, B197557) [nonpub. opn.].)
Seven years later, in October 2015, defendant, with the aid of counsel, filed a motion to correct an illegal sentence. Defendant asserted that the sentencing court should have stayed the 15-year minimum parole eligibility requirement imposed under the gang enhancement statute. He relied on this court's decision in People v. Valenzuela (2011) 199 Cal.App.4th 1214
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