Assume Jones has been convicted of murdering another person with an assault weapon in furtherance of street gang activity. The drug charge was dropped before the trial. He has one prior felony conviction and, under California law, that means if the Three Strikes law applies, it will double the sentence whatever it may be. The law provides for special sentences for enhancements of using an assault weapon, or a crime committed in furtherance of street gang activity. McBride is preparing his argument for the sentencing hearing and needs your assistance in calculating the worst and best case scenario given the charges.
Research and calculate the sentence for the charges against Jones and the likelihood he will get a suspended sentence or probation.
What crime he has been convicted of?
He has been convicted of murdering another person with an assault weapon in furtherance of street gang activity.
Can he be sentenced under the hate law? No he cannot be sentenced under the hate law that is out of the question.
CALIFORNIA Penal Code says no:
This material is from website http://caselaw.lp.findlaw.com
"190.03. (a) A person who commits first-degree murder that is a hate crime shall be punished by imprisonment in the state prison for life without the possibility of parole.
(b) The term authorized by subdivision (a) shall not apply unless the allegation is charged in the accusatory pleading and admitted by the defendant or found true by the trier of fact. The court shall not strike the allegation, except in the interest of justice, in which case the court shall state its reasons in writing for striking the allegation.
(c) For the purpose of this section, "hate crime" has the same meaning as in Section 422.55.
(d) Nothing in this section shall be construed to prevent punishment instead pursuant to any other provision of law ...
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