People v. Marsh CA3

BACKGROUND

In 2013, defendant was one month shy of his 16th birthday when he “stalked a Davis neighborhood at night and randomly selected the home of the two victims to satisfy a long-standing (and oft-expressed) desire to kill, after which he mutilated their bodies.” (Marsh I, supra, 20 Cal.App.5th at pp. 696-697.) An information filed directly in adult criminal court charged defendant with two counts of murder (Pen. Code, § 187, subd. (a))1 and alleged various enhancements and special circumstances. (Marsh I, supra, 20 Cal.App.5th at p. 696.) A jury found defendant guilty of two counts of first degree murder committed while personally using a deadly weapon, and sustained three special circumstance allegations: that defendant committed multiple murder (§ 190.2, subd. (a)(3)), by means of torture (§ 190.2, subd. (a)(18)), while lying in wait (§ 190.2, subd. (a)(15)). The trial court sentenced

1 Undesignated statutory references are to the Penal Code.

2 defendant to 52 years to life in prison, consisting of 25 years to life for each murder plus an additional year for each weapon enhancement. Defendant appealed his convictions and in 2018 this court rejected his argument…