Murray
People v. Murray
Opinion
Lead Opinion
Rubin, J.
Christopher Murray appeals from the judgment entered after he was resentenced to life without parole, plus an additional combined consecutive term of 104 years to life after he pleaded no contest to two counts of first degree murder and one count of attempted murder. Murray contends that because he was 17 at the time of the crimes, the sentence violates the state and federal constitutional prohibitions against cruel and unusual punishment. We join our First District colleagues in People v. Blackwell (2011) 202 Cal.App.4th 144 [ 134 Cal.Rptr.3d 608 ] (Blackwell) and conclude that such a sentence is constitutional. We also reject Murray’s contentions that the trial court either failed to exercise or abused its discretion when sentencing him, and erred by not ordering a new probation report and by not allowing certain family members to speak on his behalf at the hearing. After modifying the judgment to account for Murray’s actual custody credits, we affirm.
FACTS AND PROCEDURAL HISTORY
On April 3, 2006, Christopher Murray shot and killed Christopher Trevizo and Demitrius Flores, and shot at but missed Flores’s brother Damon. Accompanying Murray were Angelo Vasquez and…