People v. Rios CA5

INTRODUCTION

Following a jury trial, defendant Ricardo Rios was found guilty of first degree murder (Pen. Code,1 § 187, subd. (a); count I) and arson (§ 451, subd. (d); count II), after stabbing his neighbor over 130 times, and then setting the victim’s vehicle on fire in an attempt to cover up evidence of the murder. At a second guilt phase of the trial, the jury found defendant was sane when he committed the crimes. During a bifurcated bench trial, the court found beyond a reasonable doubt defendant had suffered a prior conviction for first degree burglary (a strike) within the meaning of the Three Strikes law (§§ 667, subds. (b)–(i), 1170.12, subds. (a)–(d)) and for purposes of an enhancement allegation under section 667, subdivision (a). At the sentencing hearing, the trial court imposed a determinate term of four years for the arson on count II (§§ 451, subd. (d), 667, subd. (e)(1)) plus an indeterminate term of 50 years to life for the murder (§§ 187, subd. (a), 189, subd. (a), 667, subd. (e)(1)), and a one-year enhancement for the use of a deadly weapon (§ 12022, subd. (b)(1)). The court struck the prior serious conviction enhancement alleged under section 667, subdivision…