When a defendant pleads and proves that he meets the requirements for sentencing as a habitual offender under section 667.7, subdivision (a)(1) of the California Criminal Code, what is the applicable sentence?

California, United States of America


The following excerpt is from People v. Jenkins, 10 Cal.4th 234, 40 Cal.Rptr.2d 903, 893 P.2d 1224 (Cal. 1995):

[10 Cal.4th 243] [893 P.2d 1229] Thus, when the prosecution pleads and proves that a defendant meets the requirements for sentencing as a habitual offender under section 667.7, subdivision (a)(1), the court must impose a life term for the qualifying felony conviction and designate the minimum parole eligibility release date, choosing the alternative that results in the longest period of required imprisonment: (1) 20 years, (2) the period equal to the hypothetical determinate term that would be imposed under section 1170 (if the qualifying conviction is one that otherwise would be punishable under 1170; see People v. Gonzalez (1988) 201 Cal.App.3d 811, 814, 247 Cal.Rptr. 501), or (3) the "period prescribed by Section 190 or 3046" (if the qualifying conviction is murder or any other offense that otherwise, independently of section 667.7, would be punishable by a life sentence).

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