People v. Alvarado CA2/2
Opinion
Opinion
FACTS AND PROCEDURAL BACKGROUND
I. Convictions and Original Sentence
Defendant was convicted in 1993 of (1) second degree murder (Pen. Code, § 187, subd. (a)2); (2) assault with a firearm (§ 245, subd. (a)(2)); (3) shooting at an occupied vehicle (§ 246); and (4) possession of marijuana for sale (Health & Saf. Code, § 11359). With respect to the murder, the jury found true the allegation that defendant personally used a firearm (§ 12022.5, subd. (a)). On March 4, 1993, the trial court sentenced defendant to an aggregate term of 24 years to life in prison, consisting of 15 years to life for the second degree murder plus five years for personal use of a firearm; three years for drug possession; and
As the underlying facts are not in dispute and not relevant to the issues on appeal, we provide only a brief overview of the procedural background of defendant’s conviction.
All further statutory references are to the Penal Code unless otherwise indicated.
2 one year for a prior prison term enhancement (§ 667.5, subd. (b)). The court imposed and stayed prison terms for the assault with a firearm and shooting at an occupied vehicle.