People v. Smith CA5

INTRODUCTION

Defendant Kylin Dion Smith was convicted by a jury in 2015 of the first degree murder of Felipe Atilano (Pen. Code, § 187, subd. (a); count 1), the attempted second degree robbery of Atilano (§§ 664, 211; count 2), and the attempted second degree robbery of Isidro Madera (§§ 664, 211; count 4). (Undesignated statutory references are to the Penal Code.) As to count 1, the jury found true an aggravating circumstance alleging the murder was committed during the commission of a robbery (§ 190.2, subd. (a)(17)(A)), and a circumstance alleging defendant was 17 years old at the time of the murder. As to all counts, the jury found true an allegation a principal personally discharged a firearm causing death or great bodily injury (§ 12022.53, subds. (d), (e)(1)). In a bifurcated proceeding, the court found true an allegation that defendant had committed all counts for the benefit of, at the direction of, or in association with, a criminal street gang within the meaning of section 186.22, subdivision (b)(1). The court sentenced defendant to life without the possibility of parole (LWOP) on count 1, plus a term of 25 years to life for the firearm enhancement. On count 4, the…