People v. Jefferson

980 P.2d 441, 86 Cal. Rptr. 2d 893, 21 Cal. 4th 86, 99 Cal. Daily Op. Serv. 6170, 99 Daily Journal DAR 7869, 1999 Cal. LEXIS 4851
CourtCalifornia Supreme Court
DecidedAugust 2, 1999
DocketS057834
StatusPublished
Cited by284 cases

This text of 980 P.2d 441 (People v. Jefferson) is published on Counsel Stack Legal Research, covering California Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Jefferson, 980 P.2d 441, 86 Cal. Rptr. 2d 893, 21 Cal. 4th 86, 99 Cal. Daily Op. Serv. 6170, 99 Daily Journal DAR 7869, 1999 Cal. LEXIS 4851 (Cal. 1999).

Opinions

Opinion

KENNARD, J.

The “Three Strikes and You’re Out Law” (Pen. Code, § 667, subds. (b)-(i), hereafter the Three Strikes law),1 requires that a defendant who is convicted of a felony and has a prior conviction for a “strike” (a violent or serious felony) be sentenced to double the prison term for the defendant’s “current felony conviction.” For instance, a defendant who has a prior strike and is convicted of a felony for which the prescribed sentence is nine years will have that sentence doubled to eighteen years. If the current felony is punished by an indeterminate term of imprisonment, the Three Strikes law requires a doubling of the “minimum term” the defendant must serve. (§ 667, subd. (e)(1), hereafter section 667(e)(1).) For example, a defendant who has a prior strike and who is convicted of a felony punishable [90]*90by a term of 15 years to life in prison will receive a sentence of 30 years (2 times 15 years) to life.

In this case, defendants, each of whom had a prior strike, were convicted of attempted willful, deliberate, and premeditated murder (hereafter attempted premeditated murder). Under the applicable punishment provision (§ 664) attempted premeditated murder is punishable by life imprisonment with the possibility of parole, which both parties agree is an indeterminate prison term. But section 664 says nothing about service of a minimum term subject to doubling under section 667(e)(1). Thus we must determine whether other statutes establish a minimum term for defendants’ life sentences.

We have found two such provisions: section 3046 and former subdivision (b)(2), now subdivision (b)(4), of section 186.22 (hereafter section 186.22(b)(4)). Under section 3046, a defendant sentenced to life in prison with the possibility of parole must, before becoming eligible for release on parole, serve “at least seven calendar years” or a term established pursuant to any “other section of law” that “establishes a minimum period of confinement” in prison. Here, the “other section of law” is section 186.22(b)(4). It provides that when a defendant commits a felony “for the benefit of, at the direction of, or in association with any criminal street gang, with the specific intent to promote, further, or assist in any criminal conduct by gang members” (§ 186.22, subd. (b)(1)) and receives an indeterminate sentence, the defendant “shall not be paroled until a minimum of 15 calendar years have been served.” (§ 186.22(b)(4).) By requiring a defendant to serve at least 15 years of imprisonment before parole, section 186.22(b)(4), read together with section 3046, establishes a minimum term of 15 years that is subject to doubling under section 667(e)(1) of the Three Strikes law.

I

Defendant Andre Brown was a member of the Southside Village Crips, a criminal street gang; defendant Walter Jefferson was an “associate” of that gang. On the night of September 11, 1994, both defendants and Damian Sharply, another gang member, approached three teenagers on a street comer in Pomona, California. Defendant Jefferson opened fire, injuring one of them, Jose Hernandez, in the hip. At trial, the prosecution presented evidence that the shooting was gang related.

The jury convicted each defendant of two counts of attempted premeditated murder. (§§ 664, subd. (a), 187, 189.) It also found tme allegations that they committed the crimes on behalf of a criminal street gang (§ 186.22, [91]*91subd. (b)), that defendant Jefferson personally used a firearm in committing the crimes (§ 12022.5), and that defendant Jefferson personally inflicted great bodily injury on victim Hernandez (§ 12022.7). Each defendant also admitted a prior serious felony conviction (§ 667, subd. (a)(1)), which also constituted a prior conviction under the Three Strikes law (§ 667, subds. (b)-G)).

The trial court sentenced defendant Jefferson to life imprisonment with the possibility of parole on the first count of attempted premeditated murder. The court doubled that sentence by adding a second term of life in prison because of Jefferson’s prior strike, and it imposed a third life sentence for the second count of attempted premeditated murder. The court also sentenced Jefferson to three years in prison for the great bodily injury enhancement, five years for the firearm-use enhancement, and five years for the prior serious felony enhancement. In addition, the court ordered Jefferson to serve 15 years in prison before becoming eligible for parole, based on the jury’s finding that the crimes fell within the criminal street gang sentencing provision. In all, the court sentenced Jefferson to 3 life terms plus 13 years, with a parole ineligibility period of 15 years.

The trial court sentenced defendant Brown to life imprisonment with the possibility of parole for the first count of attempted premeditated murder. Because of Brown’s prior strike, the trial court doubled that sentence by adding a second term of life in prison, and it imposed a third life sentence for the second count of attempted premeditated murder. It also sentenced Brown to five years in prison for the prior serious felony enhancement. And because the jury found true the criminal street gang allegation, the court ordered Brown to serve 15 years before becoming eligible for parole. Brown’s total sentence: three life terms plus five years, with a parole ineligibility period of fifteen years.

Both defendants appealed. The Court of Appeal affirmed the convictions, after striking from each judgment one life term and the fifteen-year parole ineligibility period imposed under the criminal street gang provision.

In striking the 15-year parole ineligibility period the trial court had imposed under the criminal street gang statute, the Court of Appeal reasoned: “Although [the] 15-year period of confinement [without parole] applies, . . . this is not a matter which the trial court imposes in sentencing the convicted felon. Instead, it is a matter addressed by the Board of Prison Terms in determining the prisoner’s parole eligibility status.”

The Court of Appeal also faulted the trial court for doubling defendants’ life sentences under the Three Strikes law. The court observed that the [92]*92sentence of a defendant who has one prior strike must be doubled if a determinate sentence is imposed, and the minimum term of a defendant with one prior strike must be doubled if he or she has been given an indeterminate sentence. The court concluded that in this case sentence-doubling was improper because both defendants were sentenced to life with the possibility of parole, which the court viewed as an indeterminate sentence with no minimum term.

We granted the Attorney General’s petition for review.

n

In 1994, the Legislature enacted the Three Strikes law (§ 667, subds. (b)-(i)). Later that year, the voters passed an initiative virtually identical to the legislative version. (§ 1170.12.)

Under the Three Strikes law, if a defendant is convicted of a felony, and the trial court or jury finds one or more prior strikes (convictions for certain violent or serious felonies), sentencing proceeds under the Three Strikes law “[njotwithstanding any other law.” (§ 667, subd. (c).) The law contains two separate sentencing schemes: one for defendants with one prior strike, which we have here, and the other for defendants with two or more prior strikes.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

People v. Pipkins CA5
California Court of Appeal, 2023
People v. Shaler CA4/1
California Court of Appeal, 2023
People v. Gomez CA6
California Court of Appeal, 2023
People v. Bolden CA4/3
California Court of Appeal, 2023
People v. Pimentel CA6
California Court of Appeal, 2023
People v. Dhillon CA3
California Court of Appeal, 2023
People v. Burke
California Court of Appeal, 2023
People v. Armijo CA4/3
California Court of Appeal, 2023
People v. Schaffer
California Court of Appeal, 2020
People v. Ramirez
California Court of Appeal, 2019
People v. Adams
California Court of Appeal, 2018
Amir v. Super. Ct.
California Court of Appeal, 2018
Lafferty v. Wells Fargo Bank, N.A.
California Court of Appeal, 2018
People v. Financial Casualty & Surety, Inc.
California Court of Appeal, 2018
Hudson v. Superior Court of Orange County
7 Cal. App. 5th 1165 (California Court of Appeal, 2017)
People v. Mason
232 Cal. App. 4th 355 (California Court of Appeal, 2014)
People v. Fernando C.
227 Cal. App. 4th 499 (California Court of Appeal, 2014)
People v. Sida CA2/4
California Court of Appeal, 2014
People v. Padilla CA4/3
California Court of Appeal, 2014
In re Riley
California Court of Appeal, 2014

Cite This Page — Counsel Stack

Bluebook (online)
980 P.2d 441, 86 Cal. Rptr. 2d 893, 21 Cal. 4th 86, 99 Cal. Daily Op. Serv. 6170, 99 Daily Journal DAR 7869, 1999 Cal. LEXIS 4851, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-jefferson-cal-1999.