People v. Willover
Annotate this CaseIn 1997, defendant, age 17, left a residential treatment center without authorization and bought a pistol, intending to rob and kill people and to settle gang scores. Defendant arrived in Monterey, obtained ammunition, and connected with three acquaintances. They drove around, stopping at the Monterey Wharf, where two women, drinking coffee, did not hear defendant demand money. Defendant fired nine shots at them. One woman died immediately; the other survived, but had brain operations and suffered permanent injuries. The four changed cars to escape detection. They drove to Seaside, where defendant's friend shot a pedestrian six times. She died immediately. Days later, defendant gave his gun and bullets to a friend, stating that the gun was “heated.” Defendant was arrested that day. He was convicted of two first degree murders, attempted premeditated murder, and aggravated mayhem. The court rejected defendant’s claim that he was suffering from a mental illness that reduced his culpability; noted that “all of the doctors” characterized defendant as argumentative, explosive, controlling, defiant, resistant to feedback, and a danger to society, with poor impulse control; stated that defendant “must never be allowed the possibility of drawing another breath in freedom,” and sentenced defendant to two consecutive life without parole terms, a consecutive term of 15-years-to-life, and two consecutive terms of 25-years-to-life. His appeals and habeas petition were unsuccessful. The court of appeal affirmed denial of defendant’s 2014 petition for recall and resentencing (Penal Code section 1170(d)(2)).
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