People v. Lampe CA4/2

BACKGROUND

Except in one respect that we note below, the underlying background facts are not

relevant to defendant’s present appeal. Suffice to say, a jury in March 2018 convicted

defendant of: (1) first degree murder with an enhancement for personally and

intentionally discharging a firearm causing death (Pen. Code,1 §§ 187, subd. (a),

12022.53, subd. (d)); (2) kidnapping with a personal use firearm enhancement (§§ 207,

subd. (a), 12022.53, subd. (b)); and (3) assault with a deadly weapon with a firearm use

enhancement (§§ 245, subd. (a)(2), 12022.5, subds. (a) & (d)). The trial court sentenced

defendant to an indeterminate term of 50 years to life, to follow a determinate term of

20 years four months. The sentence was comprised of: 25 years to life for murder plus

25 years to life for the firearm enhancement plus 1 year (stayed) for the arming

enhancement; the upper term of 8 years for kidnapping plus 10 years for the gun

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

2 enhancement on that count; and 1 year for the assault with an additional 1 year 4 months

for that gun enhancement. (Lampe I, supra, E070676.)

On defendant’s…