(Download) "People V. Jenkins" by Supreme Court Of California # Book PDF Kindle ePub Free
eBook details
- Title: People V. Jenkins
- Author : Supreme Court Of California
- Release Date : January 18, 1995
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 67 KB
Description
We granted review in this case to resolve several questions that have arisen with regard to the proper application of Penal Code section 667.7,*fn1 a habitual offender sentencing provision enacted in 1981 and predating the recently enacted "three-strikes" legislation.*fn2 In particular, we must determine (1) whether a defendant who is convicted of murder and meets the requirements for sentencing as a habitual offender under section 667.7, subdivision (a), properly should be sentenced under section 190 (as the Court of Appeal held in this case) or instead under section 667.7; (2) if a defendant convicted of murder properly may be sentenced under section 667.7, whether the minimum period of imprisonment that he or she must serve before becoming eligible for parole is determined by taking into consideration the term imposed pursuant to any sentence enhancement for one or more prior serious felony convictions ( § 667, subd. (a)); and (3) whether a defendant who has committed more than one violent felony, each of which independently would subject the defendant to a life term under section 667.7, may receive consecutive life term sentences under section 667.7 or instead is limited in a single proceeding under that statute to receive a potential sentence of a single life term.
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