In re F.P. CA5
Opinion
Opinion
BACKGROUND
On July 23, 1999, the District Attorney of Kern County filed a juvenile wardship petition alleging appellant, then age 17, came within the jurisdiction of the juvenile court under Welfare and Institutions Code section 602. The parties agree that appellant was alleged to have committed two counts of murder, each of which was enhanced by allegations under Penal Code1 sections 12022.53, subdivision (d) and section 12022.5, subdivision (a)(1).2 According to a subsequent brief by the prosecution, the court granted a request to transfer appellant to adult criminal court. On November 29, 1999, the District Attorney of Kern County filed an information charging appellant with two counts of premeditated murder (counts 1–2; § 187, subd. (a)), each of which was enhanced by a multiple-murder allegation (§ 190.2, subd. (a)(3)) and a firearm enhancement (§ 12022.53, subdivision (d).) A jury convicted appellant on both murder counts and found the enhancements true. The court sentenced appellant to life without the possibility of parole on count 1, plus 25 years for the gun enhancement, plus a concurrent term of life without the