People v. Macias CA2/2

BACKGROUND

Defendant was charged by amended information with murder in violation of Penal Code section 187, subdivision (a),1 with the allegation he personally used a firearm in the commission of the murder within the meaning of section 12022.5, subdivision (a). It was also alleged pursuant to California Rules of Court, rule 4.421(a)(1) and (b)(1): the offense involved great violence, great bodily harm, threat of great bodily harm, and other acts disclosing a high degree of cruelty, viciousness, and callousness; and that defendant engaged in violent conduct indicating a serious danger to society. A jury convicted defendant of first degree murder and found the firearm allegation true. Defendant waived a jury trial on the aggravating factors. After considering the law and hearing the argument of counsel, the trial court found the aggravating factors true beyond a reasonable doubt. On September 13, 2023, defendant was

All further unattributed code sections are to the Penal Code unless otherwise stated.

2 sentenced to life in prison with a minimum parole period of 25 years on the first degree murder conviction. As to the firearm enhancement, a consecutive high term of 10…