California v. MejiaAnnotate this Case
A jury convicted Jesus Humberto Mejia of attempted premeditated murder, burglary, robbery, street terrorism, and firearm possession. The jury also returned true findings on associated weapon and street gang allegations. In bifurcated proceedings, the trial court made true findings on prior conviction allegations. Mejia contended the court improperly instructed the jury on premeditated attempted murder under the natural and probable consequences doctrine. Mejia also raised sentencing issues, which the Attorney General conceded. The Court of Appeal agreed the premeditation and deliberation special finding had to be reversed. With respect to sentencing, the Court first agreed with the parties that the trial court erred in imposing the full 10-year sentence for the gun-use enhancement. Second, the Court acknowledged and agreed with the parties that a recent change in the law required this case be remanded to allow the trial court to exercise its discretion to strike the five-year prior conviction enhancement imposed pursuant to Penal Code section 667(a)(1). Finally, the Court ordered the trial court to correct numerous clerical errors on the abstract of judgment and minute order (brought to our attention by the Attorney General). In all other respects, the Court affirmed judgment.