Error and/or relief
It was error for the court to impose a term of 25 years to life for the murder (doubled to 50 years to life because of a prior strike) and two terms oflife without the possiblity of parole (LWOP) for the murder because of true findings on two separate special circumstance, even though the court stayed the 50 years to life term and one of the LWOP terms.
First Holding:
Once a defendant has been found guilty of first degree murder and an accompanying special circumstance allegation under section 190.2 has been found true, the penalty is death or imprisonment in the state prison for life without the possibility of parole. A special circumstance finding removes the possibility of penalty less than life without parole. Thus, the trial court’s imposition and stay of the 50-years-to-life sentence on the murder count was unauthorized and must be stricken.
Authority:
PEN 190.2(a)
People v. Noble (1981) 126 Cal.App.3d 1011, 1016
Second Holding:
Appellate court can correct a legal error resulting in an unauthorized sentence at any time.
Authority:
People v. Sanders (2012) 55 Cal.4th 731, 743, fn. 13
Third Holding:
The defendant should not have received two life without parole sentences based on the two special circumstance findings. Under section 190.2(a), a defendant is sentenced to death or life imprisonment without parole if one or more of the enumerated special circumstances has been found true. Defendants do not receive additional punishment based on additional special circumstance findings.
Authority:
People v. Montes (2014) 58 Cal.4th 809, 874 [a defendant faces no additional punishment merely as a result of additional special circumstance finding]