People v. Montelongo
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Defendant, when he was 18 years old, stabbed and killed a 15-year-old boy while trying to take his backpack and bag containing football gear. Defendant was convicted of robbery and felony murder with a special circumstance finding under Penal Code section 190.2, subdivision (a)(17), which mandates a sentence of death or life in prison without the possibility of parole. The trial court sentenced defendant to life in prison without the possibility of parole, plus one year for using a deadly or dangerous weapon.
The Court of Appeal affirmed defendant's sentence, concluding that the felony murder special circumstance statute is not unconstitutionally vague as applied to defendant. In this case, defendant had notice of the conduct proscribed by section 190.2 and does not claim discriminatory prosecution. The court also concluded that defendant's sentence is not cruel and unusual under the Eighth Amendment; defendant forfeited his right to challenge the restitution fine and assessments; and the trial court's sentencing minute order and the abstract of judgment must be corrected.
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