Bracamonte

People v. Bracamonte

Bad Law
106 Cal. App. 4th 704·131 Cal. Rptr. 2d 334
Court of Appeal of CaliforniaApril 1, 2003B151466California3,543 words

Opinion

Opinion

Curry, J.

Louie Bracamonte and Jose Luis Medina (collectively appellants) appeal from their respective judgments following a jury trial that resulted in their conviction of first degree murder (Pen. Code, § 187, subd. (a) ; count l) and first degree robbery (§211; count 3) and true findings on the allegations that the murder occurred during the commission of a robbery (§ 190.2, subd. (a)(17)); that during the offenses Bracamonte used a weapon (blunt instrument) (§ 12022, subd. (b)(1)); and that as to Medina, he personally and intentionally discharged a firearm which inflicted great bodily injury (GBI) or death (former §§ 12022.5, subd. (a)(1), 12022.53, subds. (b) -(d)). Bracamonte was sentenced to life without the possibility of parole (LWOP), plus one year for the weapon use enhancement, on count 1 and to a concurrent term of five years, i.e., the four-year middle term on his conviction plus one year for the weapon use enhancement, on count 3. Medina was sentenced on count 1 to LWOP, plus 25 years to life on a firearm discharge and use enhancement. The court imposed a concurrent term of four years for his robbery conviction in count 3. The court also imposed and stayed certain…

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