People v. Oden CA2/5

I. BACKGROUND

A. Conviction and Sentencing1 Defendant was charged with three counts of murder, one count of conspiracy to commit murder, and two counts of attempted murder. As to all but the conspiracy count, it was alleged the crimes were committed for the benefit of a criminal street gang (Pen. Code, § 186.22, subd. (b)) and a principal used a firearm in the commission of the offense (Pen. Code, § 12022.53, subds. (b), (e)(1)).2 Following an initial mistrial where the jury was deadlocked, the jury at defendant’s second trial found him guilty

1 We grant defendant’s request for judicial notice of this Court’s prior opinion in People v. Oden (May 1, 2006, B180024) [nonpub. opn.]. 2 Undesignated statutory references that follow are to the Penal Code.

2 of one count of first degree murder and of conspiracy to commit murder; the jury also found the gang and firearm enhancements true. (The jury did not reach a verdict on the remaining counts.) In December 2004, the trial court sentenced defendant to 75 years to life in prison: 25 years to life on the murder count, doubled due to a prior “strike” conviction, plus 25 years to life for the firearm enhancement. The trial court…