What is the standard of review for sentencing a defendant to life imprisonment for attempted murder?

California, United States of America


The following excerpt is from People v. Swank, E066984 (Cal. App. 2017):

Because this issue is purely legal, we apply the de novo standard of review. (People v. Rosbury (1997) 15 Cal.4th 206, 209.) Statutory law provides, "[I]f the crime attempted is willful, deliberate, and premeditated murder, as defined in Section 189, the person guilty of that attempt shall be punished by imprisonment in the state prison for life with the possibility of parole." ( 664, subd. (a).) Because the mandatory sentence for defendant's attempted murder conviction is life with the possibility of parole, the trial court erred by imposing a sentence of seven years to life. We will direct the trial court to issue a corrected abstract of judgment.

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