People v. West

I generally concur in Judge Kelly’s opinion. However, I write separately to make a few observations of my own.

It is my opinion that a history of legislative and judicial shortsightedness is largely responsible for the current dispute over whether the phrase, "shall be guilty of a felony, punishable by imprisonment in the state prison for life or any term of years” has any real meaning. I believe that when the phrase under consideration was first utilized in the penal provisions of the Revised Statutes of 1846, the Legislature intended it to import a mandatory minimum term of imprisonment. One…