CALIFORNIA SENTENCING LAW: ENHANCEMENTS AND MINIMUM PAROLE ELIGIBILITY
The defendant here was convicted of attempted premeditated murder. He got a 25 years-to-life enhancement under California Penal Code sec. 12022.53 for firing a gun causing great bodily injury. He also got a minimum parole eligibility of 15 years, under PC 186.22(b)(5). Relying on Brookfield (47 Cal.4th 583), the California Court of Appeal holds that the defendant can't get BOTH the GBI enhancement and the minimum parole eligibility term; he gets the former, not the latter. Oh well. C'est la Gare.
People v. Gonzalez; 2010 DJ DAR 551; DJ, 1/13/10; C/A 2nd, Div. 8
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