California Court of Appeal

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People v. Windfield, E055062

Conviction of two defendants, Johnson and Winfield, for first degree murder and attempted premeditated and deliberate murder, with numerous special circumstances, is: 1) affirmed in part, where a) a witness at the preliminary hearing, was not a crucial witness and there was plenty of evidence aside from her testimony supporting the conviction, thus defendants' assertion that an extraordinary showing of due diligence was in order because of her value to the prosecution fails, b) the kill zone theory was reasonably inferred by the jury given that the attempted murder victim was shielding the murder victim during the shooting; and c) Windfield's life sentence without parole is not cruel and/or unusual under Gutierrez as he was 18 years old at the time of the shooting; but 2) reversed and remanded for reconsideration, where the functional equivalent of a life term without parole was imposed on Johnson, who was 17 years old at the time of the shooting, and therefore, as per Gutierrez, the sentencing court must consider the Miller factors.

Appellate Information

  • Decided 08/19/2014
  • Published 08/19/2014

Judges

  • RAMIREZ

Court

  • California Court of Appeal

Counsel