P.

Filed 3/13/13 P. v. Lynn CA3

NOT TO BE PUBLISHED

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

(Sacramento)

THE PEOPLE, C065778

Plaintiff and Respondent, (Super. Ct. No. 09F01642)

v.

CALVIN SYLVESTER LYNN,

Defendant and Appellant.

A jury found defendant Calvin Sylvester Lynn guilty of the first degree murder of his brother Lawrence Lynn.1 (Pen. Code, § 187, subd. (a).)2 In a bifurcated proceeding, the trial court found true an allegation defendant had a prior “strike” conviction within the meaning of the three strikes law. (§§ 667, subds. (b)-(i), 1170.12.) The trial court sentenced defendant to an aggregate term of 50 years to life in state prison, consisting of 25 years to life for murder, doubled for the prior strike…