P. v. Aurello-Ortiz
At a party, a fistfight broke out. At one point, two men were beating up one smaller man; four or five bystanders were trying to separate them. When the hostess screamed, [S]omebody do something, defendant took out a gun and shot the two attackers. One died; the other was seriously injured. As a result, defendant was found guilty of second degree murder and attempted murder and sentenced to 40 years to life in prison. Defendant now contends that this was cruel and unusual punishment, in part because he was only 17 years old when he committed the crimes. We disagree. We also reject defendants contention that he was not awarded the correct amount of presentencing custody credits. Court will direct the trial court to correct what the People concede is a clerical error affecting the sentence. Otherwise, court will affirm.
Comments on P. v. Aurello-Ortiz