Boyce
People v. Boyce
Opinion
Opinion
Corrigan, J.
Kevin Dewayn Boyce (defendant) and Andre Willis burglarized two businesses, robbing several people inside. During the first crime, off-duty peace officer Shayne York was killed. A jury convicted defendant of first degree murder with the special circumstances of killing a peace officer in retaliation for the performance of his duties and of murder during the commission of robbery and burglary. Because the jury found the peace officer special circumstance true, it necessarily concluded defendant fired the single fatal shot. Defendant was also convicted of two counts of second degree robbery and one count of second degree burglary in connection with that incident. On all charges defendant was found to have personally used a firearm. The second incident resulted in convictions of three counts of second degree robbery, three counts of attempted second degree robbery, and one count of second degree burglary, all with personal firearm use.
Defendant was sentenced to death, and to a determinate term of 34 years four months in state prison. This appeal is automatic. We affirm in all particulars save one aspect of his determinate term. (Post, at pp. 725-730, 732.)