P. v. Swanigan
A jury found defendant William Swanigan guilty of murder (Pen. Code, 187, subd. (a))[1]and attempted robbery ( 211/664), and further found he personally discharged a firearm causing great bodily injury during the commission of both offenses ( 12022.53, subd. (d)), and that the murder was committed during the commission of the attempted robbery ( 190.2, subd. (a)(17)). The court sentenced defendant to life in prison without the possibility of parole, plus 25 years to life, and imposed various fees and fines.
On appeal, defendant contends (1) there was insufficient evidence to support the attempted robbery conviction, (2) the courts admission of evidence of defendants prior uncharged conduct prejudiced defendant and violated his right to due process, (3) the life sentence without the possibility of parole based on the attempted robbery-murder special circumstance violated defendants rights under the Eighth and Fourteenth Amendments of the United States Constitution, (4) the $200 parole revocation fine ( 1202.45) was improper given the life sentence without the possibility of parole, and (5) the $10 local crime prevention program fee ( 1202.5) is not applicable for attempted crimes and is therefore improper. Court shall strike the parole revocation fine and the local crime prevention fine and otherwise affirm the judgment.
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