This case has been cited 1 times or more.
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2008-12-17 |
YNARES-SANTIAGO, J. |
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| In People v. Gonzales,[28] the Court held that the minimum term must be based on the penalty prescribed by the Code for the offense "without regard to circumstances modifying criminal liability."[29] The Gonzales' ruling that the minimum term must be based on the prescribed penalty "without regard to circumstances modifying criminal liability" is only a restatement of Section 1 of the ISL that the minimum term shall be taken from within the range of the penalty next lower to the prescribed penalty (and from nowhere else).[30] | |||||