People v. Mabon CA1/5

Good Law
Court of Appeal of CaliforniaJuly 9, 2024A165624MCalifornia6,935 words

Opinion

Opinion

background. Instead, we refer our readers to our prior nonpublished opinions (People v. Mabon (Oct. 24, 2006, A109378) (Mabon I); People v. Mabon (May 19, 2021, A159361) (Mabon II)), which together provide this information.2 Briefly, in 2004 a jury convicted defendant, then 23 years old, of: (1) first degree murder (Pen. Code, § 187, subd. (a); count 1) with an enhancement for personally and intentionally discharging a firearm causing death (Pen. Code, § 12022.53, subds. (c), (d)); (2) possession of a firearm by a felon (former Pen. Code, § 12021, subd. (a)(1); count 2); and (3) evading a police officer (Veh. Code, § 2900.2, subd. (a); count 4). Defendant was sentenced to 51 years 4 months to life in prison, comprised of an indeterminate term of 25 years to life on count 1 plus a consecutive 25-year term on the firearm enhancement, and consecutive determinate terms of eight months each for counts 2 and 4. This court affirmed the conviction in Mabon I after defendant appealed on instructional grounds. In 2019, the trial court purported to amend the abstract of judgment to correct certain sentencing errors, resulting in a reduced sentence of 50 years to life. After defendant…

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