People v. Bustamante CA4/2

I.

INTRODUCTION

In 2023, a jury convicted defendant and appellant Miguel Adolfo Bustamante of

first degree murder with financial gain and lying in wait special circumstance findings 1 (Pen. Code §§ 187, subd. (a), 190.2, subds. (a)(1), (15); count 1), conspiracy (§ 182;

count 2), two counts of first degree burglary of the victim’s home (§ 459; counts 3 & 9);

grand theft (§ 487, subd. (a); count 4), identity theft (§ 530.5, subd. (a); count 7),

procurement or offering a false or forged instrument for filing (§ 115; count 8), and

receiving stolen property (§ 496, subd. (a); count 10). The jury also found true an

aggravated financial crimes allegation (§ 186.11, subd. (a)(3)). The trial court sentenced

defendant to life without the possibility of parole for the murder conviction and eight

years for the remaining crimes.

Defendant argues, and the People concede, that (1) the second of defendant’s first

degree burglary convictions (count 9) should be reduced to second degree burglary, (2)

his sentence for the conspiracy conviction should be stayed under section 654, and (3) his

sentence for the first degree burglary conviction should be stayed under section 654. We

agree…