People v. Osborne CA2/4
Opinion
Opinion
INTRODUCTION AND PROCEDURAL BACKGROUND
A jury convicted John Osborne of first-degree murder, finding he killed his girlfriend, Nancy Romero, with premeditation and deliberation. (Pen. Code1, § 187, subd. (a).) It also found true allegations that he committed the murder by personally and intentionally discharging a firearm, namely, a handgun, which caused Romero to suffer great bodily injury and death. (§ 12022.53, subds. (b)-(d).) The trial court sentenced Osborne to 50 years to life in prison, consisting of a 25-year-to-life term for the murder and a 25-year-to-life term for the firearm enhancement. On appeal, Osborne contends his conviction must be reversed because the trial court abused its discretion by allowing the prosecution to present evidence showing that, after Romero’s death, the police recovered firearms and firearm-related paraphernalia from his bedroom, which were not used to commit the murder. He also argues that his sentence must be vacated, as the trial court abused its discretion by declining to strike the firearm enhancement under section 1385, subdivision (c). As discussed below, we reject Osborne’s contentions and affirm.