California Court of Appeal

Three defendants' sentences and convictions of second degree murder, Pen. Code section187, attempted murder, sections 664 and 187, and shooting at an inhabited dwelling, section 24, with gang and firearm enhancements, are: 1) reversed as to the two minor defendants' gang enhancement and vicarious firearm enhancement findings; 2) otherwise affirmed as to the convictions and other enhancement findings; and 3) remanded for resentencing, where the record is unclear as to whether the trial court properly took into consideration all mitigating circumstances attendant in each juvenile offender's life before imposing a functionally equivalent LWOP sentence, as required by the Eighth Amendment.

Appellate Information

• Published 2016/01/20

Judges

• HOCH

Court

• California Court of Appeal

Counsel