Supreme Court of California

In this case, defendant was convicted by a jury of murder with burglary and robbery special circumstances, and of robbery, burglary, conspiracy to commit robbery, conspiracy to commit burglary, and unlawful driving or taking of a vehicle. In a bifurcated proceeding, the trial court found true allegations that defendant had served four prior prison terms (Penal Code section 667.5(b)). Defendant was sentenced to death for murder, a term of six years for the driving or taking of a motor vehicle, and four one-year terms for the four prior prison term allegations. Judgment is modified to vacate the true finding on one of the section 667.5(b) allegations and to strike the additional one-year sentence for that allegation, where the evidence shows that defendant served consecutive terms on two of the four felony convictions alleged, and, accordingly, the terms served were not "separate" terms within the meaning of section 667.5(b).

Appellate Information

• Decided 01/05/2015
• Published 01/05/2015

Judges

• Cantil-Sakauye

Court

• Supreme Court of California

Counsel