Perez

People v. Perez

Bad Law
103 Cal. Rptr. 2d 533·2001 Cal. App. LEXIS 50·2001 Daily Journal DAR 1057·86 Cal. App. 4th 675·2001 Cal. Daily Op. Serv. 845
Court of Appeal of CaliforniaJanuary 29, 2001F032957California2,137 words

Opinion

Opinion

Wiseman, J.

This tragic case arose from a domestic dispute between defendant and his wife, Betty, lasting a few days. After Betty decided to move out of her apartment, she enlisted the help of her mother, Nancy, her sister, Edna, and Edna’s husband, Aaron. While the four were at the apartment packing Betty’s belongings, defendant entered the apartment, went to the patio to retrieve a loaded handgun, reentered the apartment and shot Aaron in the chest, killing him. When Edna intervened, he shot her also and subsequently beat her viciously on the head with the firearm. Defendant was convicted of murder and attempted murder, and received two 25-year-to-life sentences for the firearm use on these offenses under Penal Code section 12022.53, known as the “10-20-life” law. In the published portion of this opinion we consider and reject defendant’s contentions that section 12022.53 violates due process or equal protection by failing the rationality test, and that only a single 25-year-to-life enhancement is authorized under subdivision (f) of that section.

I-IV

V. Section 12022.53 does not violate due process or equal protection by failing the rationality test.

Defendant contends that…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.