P. v. Golson
Appellant Jamar Golson, a minor at the time of the offense, was charged with one count of murder in the first degree (Pen. Code, 187, subd. (a)),[1]one count of robbery ( 211), and one count of attempted murder ( 187, subd. (a) & 664), with the special circumstance allegation that he committed the murder while engaged in a robbery ( 190.2, subd. (a)(17)(A)), three gun use allegations ( 12022.53), and a criminal street gang allegation (186.22, subd. (b)(1)(B)). A jury convicted Appellant of first degree murder, finding true the allegation that the murder was committed during the commission of robbery, and convicted him of second degree robbery, but the jury was unable to reach a verdict as to the attempted murder count. The jury found true the criminal street gang allegation and the allegation that a handgun was used, but it did not find true the allegation that the gun was intentionally discharged. Because of Appellants age, the court sentenced him on the murder count to a term of 25 years to life, plus a consecutive term of 10 years for the use of a firearm allegation. (See Pen. Code, 190.5, subd. (b) [the court has discretion to sentence a defendant between 16 and 18 years of age convicted of certain first degree murders to 25 years to life].) As to the robbery count, the court imposed sentence but stayed the sentence pursuant to section 654.
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