The People v. Sanders CA4/2

INTRODUCTION

Defendant Jodie James Sanders provided services for privately-owned Automatic

Teller Machines (ATMs). During a dispute about thefts from the ATMs, defendant shot

and killed Robert Jackson.

A jury convicted defendant of three counts of grand theft in violation of Penal

Code section 487,1 and one count of second degree murder with true findings on the

allegations of personal discharge of a firearm causing death. (§§ 187, subd. (a), and

12022.53, subds. (b), (c), and (d).)

The court sentenced defendant to an indeterminate term of 15 years to life for the

second degree murder plus 25 years to life for the gun-use enhancement. The court

sentenced defendant to an additional consecutive term of four years and four months for

the three theft offenses. Defendant‘s total sentence is 40 years to life and four years and

four months.2

On appeal, defendant challenges the second degree murder conviction but not the

three theft convictions. We reject defendant‘s sole contention on appeal that it was not

proved ―beyond a reasonable doubt‖ that defendant shot Jackson ―Based On An

1 All statutory references are to the Penal Code unless stated otherwise.

2 Defendant…