Is there an increase in the maximum term of life sentence for the attempted murder of a man who was a member of a criminal gang?

California, United States of America


The following excerpt is from People v. Delatorre, C052953 (Cal. App. 3/21/2008), C052953 (Cal. App. 2008):

"For these felonies, the gang enhancement provision does not alter the indeterminate term of life imprisonment; it merely prescribes the minimum period the defendant must serve before becoming eligible for parole. [Citation.] Thus, for these felonies, the gang enhancement provision does not increase the life term for the underlying offense." (People v. Sengpadychith (2001) 26 Cal.4th 316, 327.)

"The crime of attempted willful, deliberate, and premeditated murder falls within the gang statute's category of offenses punishable by an indeterminate term of imprisonment for life. . . . There is no increase in the maximum statutory penalty for the crime of attempted murder, which remains `imprisonment in the state prison for life with the possibility of parole.' ( 664, subd. (a).)" (People v. Sengpadychith, supra, 26 Cal.4th at p. 328.)

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