Stewart

Defendant, Michael James Stewart, was convicted by jury of two counts of murder (Pen. Code, § 187), with special circumstances (Pen. Code, §§ 190.2, subd. (a)(17)(i), 190.2, subd. (a)(3)), one count of robbery (Pen. Code, § 211), one count of attempted robbery (Pen. Code, §§ 664/211) and one count of assault with a deadly weapon (Pen. Code, § 245). An allegation of personal use of a firearm relating to each of the counts was found to be true (Pen. Code, §§ 12022.5, 1203.06, subd. (a)(1)), as was an allegation of firearm use by a principal, whose arming was not an element of one of the murders charged (Pen. Code, § 12022, subd. (a)). An allegation of great bodily harm was also found to be true (Pen. Code, §§ 12022.7, 1203.075). The jury acquitted defendant of one count of murder.

Defendant was sentenced to state prison for twenty-five years to life for one murder, plus two years for the firearm use allegation and to a consecutive term of fifteen years to life for the other murder, plus two years for the firearm allegation. Defendant was also given one consecutive year for the robbery, six consecutive months for the attempted robbery, one consecutive year for the assault…