People v. Jeffers CA1/3

BACKGROUND

In November 1995, a jury found Jeffers guilty of four felony counts: second degree murder of Karina Ungo (count 1, § 187, subd.(a)); attempted murder of Frank D. (count 2, §§ 664/187, subd. (a)); assault with a semi-

1 Undesignated statutory references are to the Penal Code, unless otherwise stated. 1 automatic firearm (count 3, § 245, subd. (b)); and felon in possession of a firearm (count 4, § 12021, subd. (a)). The jury also found true an enhancement for personal use of a handgun (§ 12022.5, subd. (a)) on counts one through three. The trial court found true a prior strike allegation (§ 1170.12, subd. (c)(1)), one serious felony prior allegation (§ 667, subd. (a)), and one prior prison term allegation (§ 667.5, subd. (b).) In February 1996, the trial court sentenced Jeffers to a total of 58 years to life in prison, comprised of: a 39-years-to-life term for count 1 (an indeterminate term of 15 years, doubled based on the prior strike, plus a midterm of four years for the personal use of a firearm enhancement and five years for the serious felony prior); a 19-year consecutive term for count 2 (midterm of 7 years, doubled based on the prior strike, plus a midterm of…