People v. Bush CA2/2
Opinion
Opinion
BACKGROUND
Procedural history Defendant was charged with the murder of Dana Milo (Milo), in violation of Penal Code section 187, subdivision (a). The information also alleged that defendant personally used a deadly and dangerous weapon in the commission of the offense, within the meaning of Penal Code section 12022, subdivision (b)(1). A jury found defendant guilty of murder as charged, found the murder to be in the first degree, and found true the deadly weapon allegation. On February 24, 2014, the trial court sentenced defendant to 26 years to life in prison. The court imposed mandatory fines and fees, and calculated presentence custody credit as 642 actual days, with no conduct credit. Defendant filed a timely notice of appeal from the judgment. Prosecution evidence In May 2012, defendant lived with Milo in room 105 of an apartment building in San Pedro. At 1:31 a.m. on May 24, 2012, police were called to the room and found Milo lying dead on the bed, cross-legged with a plastic bag wrapped around her head. Blood was on the pillow cases and elsewhere in the room. Detective Isidro Rodriguez testified that it appeared Milo had been sitting up watching television when she was