P. v. Lipska
Defendant was charged by information with felony murder during the commission of the offenses of arson and burglary (Pen. Code, 187, subd. (a), 190.2, subd. (a)(17); count 1),[1] four counts of premeditated, attempted murder ( 664, 187, subd. (a); counts 2-5), arson of an inhabited structure ( 451, subd. (b); count 6), first degree burglary while a person other than an accomplice was present ( 459, 667.5, subd. (c)(21); count 7), and three counts of child endangerment ( 273a, subd. (a); counts 8-11). The information further alleged that defendant personally used a deadly and dangerous weapon, a knife, during the commission of the offenses in counts 1 and 2 ( 12022, subd. (b)(1)), and that he personally inflicted great bodily injury on the victim of the offense in count 2 ( 12022.7). On February 14, 2007, a jury found defendant guilty of the three counts of child endangerment (counts 8-10, 273a, subd. (a)), and a mistrial was declared as to the other counts. An amended information was filed adding a charge of solicitation to commit perjury ( 653f, subd. (a)) as count 11. On June 23, 2008, a second jury found defendant guilty of first degree murder ( 187, subd. (a)), four counts of premeditated, attempted murder ( 664, 187, subd. (a)), arson of an inhabited structure ( 451, subd. (b)), first degree burglary ( 459), and solicitation of perjury ( 653f, subd. (a)). The second jury also found true allegations that the murder was committed during the crimes of arson and burglary ( 190.2, subd. (a)(17)), and that defendant personally used a deadly and dangerous weapon, a knife, during the commission of the murder ( 12022, subd. (b)(1)); that defendant personally used a deadly and dangerous weapon, a knife, and personally inflicted great bodily injury upon the victim during the commission of one of the attempted murders (count 2; 12022, subd. (b)(1), 12022.7); and that a person other than an accomplice was present in the residence during the burglary ( 667.5, subd. (c)). The trial court sentenced defendant on all of the charges to the indeterminate term of life without parole, consecutive to two indeterminate terms of life with the possibility of parole, consecutive to the determinate term of eight years.
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