California Court of Appeal

Sentence and conviction of second degree murder, Pen. Code section 187(a), and arson of forest land, section 451(c), with findings that defendant personally discharged a firearm and caused the death of his victim, section 12022.53(d), are: 1) affirmed as to conviction where substantial evidence demonstrated the land in question was brush covered and thus constituted forest land under the statute; and 2) remanded as to sentence pursuant to People v. Franklin (2016) 63 Cal.4th 261, so that the parties may make a record in anticipation of defendant's youth offender parole hearing during the 25th year of his sentence.

Appellate Information

• Published 2017/04/21

Judges

• RAMIREZ

Court

• California Court of Appeal

Counsel