Does a sentence of life without the possibility of parole apply to a convicted murderer who was convicted of murder under section 190.3.2 of the California Criminal Code?

California, United States of America


The following excerpt is from People v. Johnson, B297944 (Cal. App. 2020):

3. Although this court described the conviction as a special circumstances murder based on the jury's finding true two special circumstances allegations, as the People note, "[i]n order for a special circumstance allegation to be found true, the defendant must also have first been found guilty of first degree murder. ( 190.2.)" (People v. Friend (2009) 47 Cal.4th 1, 71.) The abstract of judgment does not reflect the special circumstances findings, and the court correctly did not impose a sentence of life without the possibility of parole under section 190.2, subdivision (a).

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