P. v. Jordan
Tyrone Darnell Jordan appeals from the judgment entered following a jury trial in which he was convicted of four counts of attempted willful, deliberate and premeditated murder, counts 1-4 (Pen. Code, 664/187, subd. (a); 664, subd. (a)) with the finding that during the commission of the offenses, he personally used a deadly and dangerous weapon, a Molotov cocktail, within the meaning of Penal Code section 12022, subdivision (b)(1), of exploding or igniting an explosive or destructive device with intent to murder, count 5 (Pen. Code, 12308), and of arson of an inhabited structure or property, count 6 (Pen. Code, 451, subd. (b)). In a bifurcated court trial, he was found to have suffered a prior conviction of a serious or violent felony within the meaning of the Three Strikes law. (Pen. Code, 1170.12, subds. (a) through (d) and 667, subd. (b) through (i).) He was sentenced in count 1 to prison for life with the possibility of parole plus one year for the dangerous weapon enhancement. In counts 2 through 5 he was sentenced to concurrent terms of life with the possibility of parole, plus one year for the dangerous weapon enhancement added to counts 2 through 4. For count 6, the court imposed the upper term of eight years, doubled to 16 years by reason of appellants prior strike conviction. He contends his juvenile adjudication cannot qualify as a prior strike, the court erred by imposing a separate consecutive term for arson of an inhabited structure as the arson was incident to the object of attempting to commit murder, and that insofar as attempted murder is a necessarily included offense of igniting a destructive device with the intent to commit murder, appellant should not have been convicted of four counts of attempted murder and one count of igniting an explosive or destructive device. For reasons stated in the opinion, Court reverse the conviction in count 5 and, in all other respects, affirm the judgment.
Comments on P. v. Jordan