People v. Siackasorn CA3

FACTS AND PROCEEDINGS

In 2010, a jury found defendant guilty of first degree murder of a peace officer (§§ 187, subd. (a), 189) and found true an allegation that defendant personally and intentionally discharged a firearm and proximately caused death (§ 12022.53, subd. (d)). The trial court declined to exercise its discretion to impose a sentence of 25 years to life in prison for murder and instead sentenced defendant to life in prison without the possibility of parole (LWOP) (§§ 190.2, subd. (a)(7), 190.5), denied defendant’s motion to find the LWOP sentence unconstitutional, and imposed a consecutive term of 25 years to life in prison for the firearm enhancement (§ 12022.53, subd. (d)). Defendant appealed, and this court affirmed his conviction and sentence. (People v. Siackasorn (May 17, 2012, C065399) [nonpub. opn.], review granted Aug. 29, 2012, S203568, and matter transferred with directions.) The California Supreme Court granted review and transferred the matter back to this court with directions to reconsider in light of the United States Supreme Court’s opinion in Miller v. Alabama (2012) 567 U.S. 460. On transfer, this court affirmed defendant’s conviction but vacated…