P. v. Musselman
Appellant James Musselman was convicted, following a jury trial, of one count of first degree murder in violation of Penal Code[1] section 187, subdivision (a). The jury found true the allegations that he personally used and intentionally discharged a firearm in the commission of the murder causing death within the meaning of section 12022.53, subdivisions (b), (c) and (d). The trial court found true the allegations that Musselman had served three prior prison terms within the meaning of section 667.5, subdivision (a). The trial court sentenced Musselman to 25 years to life in prison for the murder plus a 25-year-to-life enhancement term for the firearm allegation plus three one-year enhancement terms for his prior prison terms, for a total of 53 years to life in state prison.
Appellant Sarita Elizalde was convicted, following a jury trial, of one count of first degree murder in violation of section 187, subdivision (a). The jury found true the allegations that she personally used a firearm in the commission of the murder within the meaning of section 12022.53, subdivision (b). Elizalde admitted that she had served two prior prison terms within the meaning of section 667.5, subdivision (b). The trial court sentenced Elizalde to 25 years to life in prison for the murder, plus a ten-year enhancement term for the firearm allegation and two one-year enhancement terms for her prior prison terms, for a total of 37 years to life in state prison.
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