California Court of Appeal

In a prosecution of defendant for attempted murder, assault with a firearm and related offenses, trial court's imposition of a sentence of 64 years to life in prison is reversed and remanded as defendant is correct on invoking the provision of the Determinate Sentencing Act that mandates a subordinate term to consist of one-third of the middle term, as the decisive point is that an indeterminate enhancement does not merge with the determinate offense to make the entire term encompassed by the indeterminate sentencing law.

Appellate Information

• Decided 09/22/2010
• Published 09/22/2010

Judges

• FLIER

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Steven Graff Levine, Edmund G. Brown, Jr.