P. v. Burboa
Appellant Juan Dedios Burboa was found guilty after a jury trial of first degree murder (count 1) and two counts of attempted murder (counts 2 & 3). (Pen. Code,[1] 187, 664/187.) As to count 1, the jury found true two special-circumstance allegations, that the murder was committed during the commission of a robbery and during the commission of a kidnapping. ( 190.2, subd. (a)(17)(A) & (B).) In addition, the jury found true three firearm enhancements. ( 12022.53, subd. (d) [personal and intentional discharge resulting in great bodily injury or death], 12022.5, subd. (a) [personal use], & 12022, subd. (a)(1) [principal armed with firearm].)
Burboa was sentenced on count 1 to an indeterminate term of life without the possibility of parole. On count 2, he was sentenced to a consecutive determinate upper term of nine years. On count 3, Burboa was sentenced to a consecutive one-third the mid-term of two years four months. In addition, on each count the court imposed a consecutive 25-years-to-life term ( 12022.53, subd. (d)), a consecutive 10-year enhancement ( 12022.5, subd. (a)), and a consecutive one-year enhancement ( 12022, subd. (a)(1)). The latter enhancements were stayed pursuant to section 654. The total term was life without the possibility of parole plus 86 years 4 months.
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