Feagin

People v. Feagin

Caution
1995 Cal. App. LEXIS 456·34 Cal. App. 4th 1427·40 Cal. Rptr. 2d 918·95 Daily Journal DAR 6333·95 Cal. Daily Op. Serv. 3683
Court of Appeal of CaliforniaMay 17, 1995B062809California4,886 words

Opinion

Opinion

Brandlin, J.

Appellants Devin Feagin and Terrill Ross appeal from the judgment entered following their convictions by jury trial of murder (Pen. Code, § 187). As to Feagin, the jury found true the special circumstance allegations of first degree residential robbery and burglary, within the meaning of Penal Code section 190.2, subdivision (a)(17). In addition, both appellants suffered convictions for robbery (Pen. Code, § 211), residential burglary (Pen. Code, § 459), and assault with a firearm (Pen. Code, § 245, subd. (a)(2)). The jury found true allegations that appellants had personally used a firearm during the commission of the above offenses, within the meaning of Penal Code sections 12022.5 and 1203.06, subdivision (a)(1).

The jury deadlocked in the penalty phase as to Feagin, and the trial court declared a mistrial. The trial court sentenced Feagin to life in prison without possibility of parole, plus a consecutive four-year term for assault with a firearm (Pen. Code, § 245, subd. (a)(2)). Ross was sentenced to 25 years to life, plus a consecutive 2-year term for the personal use of a firearm pursuant to Penal Code section 12022.5.

Feagin contends: “I. The court abused its…

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