California Court of Appeal

Conviction of first degree murder, finding true robbery-murder special circumstance, related gun crimes, and finding of two prior serious or violent felonies with prior prison terms, is reversed to the extent the record is insufficient to prove that defendant's Utah priors constitute serious or violent felonies under California law. Trial court further erred by doubling term of life without possibility of parole and by imposing parole revocation fine. Conviction is affirmed to the extent defendant was not entitled to instructions on second degree murder.

Appellate Information

• Decided 06/20/2006
• Published 06/20/2006

Judges

• BOLAND, J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Richard A. Levy, under appointment by the Court of Appeal, Torrance, for Defendant and Appellant., Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Margaret E. Maxwell, Supervising Deputy Attorney General, and Susan S. Kim, Deputy Attorney General, for Plaintiff and Respondent.