Legal Question in Criminal Law in California
wrong conviction
I have a friend who was sentenced to life in prison with the possibility of parole. With an additonal 2,3,5 years. He was convicted of first degree attemted murder. sounds harsh, i know. but there was no evidence in the case that proves or suggest the attempt was premeditated. also, he has had an appeal but his attorney did not argue specifics advised by her client. therefore possibly changing the outcome of the courts decision to deny appeal. is there something else that can be done about this sentence. and when will there be a possibilty of parole?
1 Answer from Attorneys
Re: wrong conviction
I would need a little more information to answer your question fully. But, briefly, if the 2,3,5 means he had two years, plus three years, plus five years added on to his life sentence, it sounds like he had a prior and there was possible great bodily injury to the victim and possibly some type of weapon use allegation. Assuming all that is true, he may be eligible for parole in about 14 years. That assumes that the 2,3,and 5 are added on to the 7 - life that the attempted murder carries. He would have to serve 85% of the 17 years before he would be eligible for parole.
I would need more specific information to answer your other question. Feel free to call if you have additional questions.
Elena Condes