Trevino

In California, the penalty for first degree murder is either death or life imprisonment without possibility of parole if the prosecution proves one or more of the special circumstances specified in Penal Code section 190.2. 1 (See People v. Bacigalupo (1993) 6 Cal.4th 457, 467-468 [ 24 Cal.Rptr.2d 808 , 862 P.2d 808 ].) One of these special circumstances, commonly known as the prior-murder special circumstance, is that “[t]he defendant was convicted previously of murder in the first or second degree.” (§ 190.2, subd. (a)(2).) For this purpose, “an offense committed in another jurisdiction, which if committed in California would be punishable as first or second degree murder, shall be deemed murder in the first or second degree.” (Ibid.)

Under these provisions, defendant Marcos Trevino was sentenced to imprisonment for life without possibility of parole for a murder he committed in 1996, with the special circumstance that he had previously been convicted of murder in Texas in 1978. Defendant was 33 years old when he committed the current murder, and he was 15 years old when he committed the prior Texas murder. Since January 1, 1995, a person may be tried as an adult in…

The majority determines that a 1978 murder conviction entered in Texas for a crime committed when the defendant was 15 years of age constitutes a prior murder conviction for the purpose of Penal Code section 190.2, subdivision (a)(2), despite the circumstance that, *245 because of his age, defendant could not have been convicted of murder in California at that time. 1 I disagree.

At issue is a provision of section 190.2, which defines special circumstances that, if demonstrated, render a defendant charged with murder subject to the death penalty or life in prison without the possibility of parole. One such special circumstance is shown if the defendant has a prior murder conviction, specifically, if “[t]he defendant was convicted previously of murder in the first or second degree.” (§ 190.2, subd. (a)(2).) The statute further provides: “For the purpose of this paragraph, an offense committed in another jurisdiction, which if committed in California would be punishable as first or second degree murder, shall be deemed murder in the first or second degree.” (Italics added.)

Defendant was convicted of murder in Texas in 1978, for a crime committed when he was 15 years of age.…

In California, the penalty for first degree murder is either death or life imprisonment without possibility of parole if the prosecution proves one or more of the special circumstances specified in Penal Code section 190.2. [1] (See People v. Bacigalupo (1993) 6 Cal.4th 457, 467-468 , 24 Cal.Rptr.2d 808 , 862 P.2d 808 .) One of these special circumstances, commonly known as the prior-murder special circumstance, is that "[t]he defendant was convicted previously of murder in the first or second degree." (§ 190.2, subd. (a)(2).) For this purpose, "an offense committed in another jurisdiction, which if committed in California would be punishable as first or second degree murder, shall be deemed murder in the first or second degree." ( Ibid. )

Under these provisions, defendant Marcos Trevino was sentenced to imprisonment for life without possibility of parole for a murder he committed in 1996, with the special circumstance that he had previously been convicted of murder in Texas in 1978. Defendant was 33 years old when he committed the current murder, and he was 15 years old when he committed the prior Texas murder. Since January 1, 1995, a person may be tried as an…