Guinn
People v. Guinn
Opinion
Opinion
Dabney, J.
Defendants and appellants Ana Al-Rad Levi Guinn and Jamal Hussein Johnson appeal their convictions of murder (Pen. Code, § 187) and robbery (Pen. Code, § 211). Defendant Guinn was also charged with a special circumstance allegation that the murder was committed during the commission of a robbery. The special circumstance was found true. (Pen. Code, § 190.2, subd. (a)(17)(i).) An enhancement allegation that each defendant had personally used a deadly weapon (baseball bat) in the commission of the offense was found true as to defendant Guinn, but not true as to defendant Johnson. (Pen. Code, §§ 1192.7, subd. (c)(23), 12022, subd. (b).) Defendant Johnson appeals.
Defendant Guinn, who was sentenced to life without possibility of parole on the special circumstance murder (LWOP), has appealed, primarily raising sentencing issues. Although Guinn was a minor at the time the events in this case occurred, he was found to be unfit for juvenile court proceedings on November 28, 1990. (Welf. & Inst. Code, § 707, subd. (b).)
Facts
The charges arose out of the senseless bludgeoning to death of a 20-year-old Mexican man, Carlos Montes Ortega.