California Court of Appeal

Defendants' murder sentences are remanded for resentencing where: 1) the evidence was insufficient to support the charged firearm enhancements; and 2) by its failure to plead Cal. Penal Code section 12022.53(e)(1), failure to ensure jury findings under that subdivision, failure to raise the provision at sentencing, and obtaining a sentence that in fact violated subdivision (e)(1), the prosecution forfeited its right to rely on that subdivision.

Appellate Information

• Decided 04/09/2010
• Published 04/09/2010

Judges

• WILLHITE, Acting P.J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Murray A. Rosenberg, under appointment by the Court of Appeal, for Defendant and Appellant Ramon Botello., Marilee Marshall & Associates, Inc. and Marilee Marshall, Los Angeles, for Defendant and Appellant Jesus Botello., Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, James William Bilderback II and Roberta L. Davis, Deputy Attorneys General, for Plaintiff and Respondent.