California Court of Appeal

In this case involving the retaliatory killing of a rival gang member, conviction and life sentencing of defendants for counts of conspiracy to commit murder, murder, and attempted murder is: 1) affirmed as to the judgment against defendant Sanchez; 2) affirmed as to the judgment against defendant Espana; 3) reversed as to the judgment against defendant Rojas, and the matter is remanded for resentencing in accordance with the US Supreme Court’s reasoning in Miller v. Alabama, where the imposition of mandatory life without parole for those under the age of 18 at the time of their crimes violates the Eight Amendment prohibition on cruel and unusual punishment; and 4) reversed as to the judgment against defendant Castro, the getaway driver, and on remand the court is directed to vacated his felony murder conviction and resentence him on various other counts, where there is insufficient evidence that Castro shared an intent to rob the victim, as Espana and Rojas formed the intent after they exited Castro’s truck.

Appellate Information

• Decided 12/11/2014
• Published 12/12/2014

Judges

• Premo

Court

• California Court of Appeal

Counsel