Dozier

Defendant appeals from the judgment following his convictions for attempted premeditated murder and being a felon in possession of a firearm. The principal issue in this appeal is the correct method of calculating the minimum term of the indeterminate life sentence for a third strike offender when the punishment otherwise provided for the current offense is life imprisonment with possibility of parole. (Pen. Code, §§ 664, subd. (a), 667, subd. (e)(2)(A).)

In our prior opinion, we held the trial court must select the minimum term of the indeterminate life sentence from the options provided in section 667, subdivision (e)(2)(A)(ii) (25 years) or (iii) (as relevant here, the period prescribed by § 3046). The Supreme Court granted review of our opinion and subsequently remanded the cause to us for reconsideration in light of People v. Jefferson (1999) 21 Cal.4th 86 [ 86 Cal.Rptr.2d 893 , 980 P.2d 441 ]. Jefferson involved the calculation of the minimum term for a second strike offender when the punishment otherwise provided for the current offense is life imprisonment with possibility of parole. (§§ 664, subd. (a), 667, subd. (e)(1).)

In the published portion of this…