People v. Morelos
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The Supreme Court affirmed the determination of the trial court finding Defendant guilty of first-degree murder, except as modified to strike an enhancement under former Cal. Penal Code 667.5, subdivision (b), and affirmed the judgment of death but vacated the prison sentence, holding that remand was required.
After a guilt phase of the bench trial held in this case Defendant was convicted of first degree murder. The trial court found true two prior serious felony enhancements and two prior prison term enhancements. After a penalty phase, the trial court returned a verdict of death and imposed a consecutive prison term of fifteen years. The Supreme Court (1) vacated the one-year prior prison term enhancement imposed under former section 667.5, subdivision (b) and remanded for resentencing, holding that the enhancement was unauthorized; and (2) affirmed the judgment in all other respects.
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