People v. Stratis CA2/5
Opinion
Opinion
I. INTRODUCTION
Defendants, Christopher Stratis and Victor Manuel Maurtua III, were convicted of the first degree murder of Michelle Hsu Hong (Pen. Code,1 § 187, subd. (a)) in the commission of a burglary (§ 190.2, subd. (a)(17)(G)). The case was simultaneously tried before two separate juries. Defendants were sentenced to life in prison without the possibility of parole (LWOP) because of the burglary special circumstance finding. Stratis and Maurtua both contend there was insufficient evidence to support the burglary-murder special circumstance finding and both maintain that their LWOP sentences constituted cruel and/or unusual punishment under the state and federal Constitutions. Stratis additionally argues the trial court improperly imposed a parole revocation fine. We hold the presumption of a LWOP sentence for Stratis under section 190.5, subdivision (b) violated the Eighth Amendment under Miller v. Alabama (2012) ___ U.S. ___ [132 S.Ct. 2455, 183 L. Ed. 2d 407]. We additionally hold the parole revocation fine was improperly imposed and that Stratis‟s presentence custody credit requires recalculation. In all other respects the judgments are affirmed.