Error and/or relief
The trial court sentenced the defendant to 15 years to life for deliberate and premeditated attempted murder. This sentence was incorrect as a matter of law.
First Holding:
Willful, deliberate, and premeditated attempted murder is punishable by life with the possibility of parole. A defendant convicted of attempted murder cannot be paroled until he has served at least seven years of his sentence.
We modify the judgment to reflect a sentence on count 1 of seven years to life.
Authority:
PEN 664(a)
PEN 3045(a)(1)
People v. Jefferson (1999) 21 Cal.4th 86, 96 [Section 3046 sets the minimum term for a defendant convicted of premeditated attempted murder]
Second Holding:
The defendant is entitled to an additional day of custody credit.
Authority:
People v. Smith (1989) 211 Cal.App.3d 523, 527 [sec. 2900.5 requires court to award credits for all days in custody up to and including the day of sentencing]