People v. Morales
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Morales fired six shots toward a parked car, resulting in the death of his pregnant acquaintance who stood near the car. The jury convicted Morales of two counts of first-degree murder, one count of attempted murder, one count of shooting at an occupied vehicle, and one count of possession of a firearm by a felon, finding true four firearm use enhancements under Penal Code 12022.53(d) and a multiple murder special circumstance allegation (section 190.2(a)(3)).
The court of appeal affirmed, modifying the sentence. The court rejected Morales’s arguments that the prosecutor committed prejudicial misconduct in closing argument and that counsel was ineffective for failing to object; that there was insufficient evidence to support a kill zone jury instruction; and with respect to the firearm use enhancement on count 1, that Morales was deprived of due process by the court’s failure to instruct that the requisite great bodily injury or death under section 12022.53(d) must be to a person other than an accomplice. The judgment was modified by striking the sentences of 25 years to life on counts 1 and 2, and the term of life without the possibility of parole imposed for the multiple-murder special circumstance finding. The superior court is to impose a term of life without the possibility of parole on counts 1 and 2. For count 1, the jury’s true finding under section 12022.53(d) was reversed; the 25-years-to-life enhancement imposed upon that finding was vacated.
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