P. v. Nunez
Appellant Daniel Isidro Nunez appeals from the judgment following a trial by jury in which he was convicted of first degree murder (Pen. Code, § 187, subd. (a))[1] (count 1) and kidnapping (§ 207, subd. (a)) (count 2). As to count 1, the jury found true the special circumstance that the murder was committed while appellant and his codefendant[2] were engaged in the commission of kidnapping (§ 190.2, subd. (a)(17)). As to both counts, the jury found true the allegations that a principal was armed with a firearm (§ 12022, subd. (a)). Appellant waived his right to a jury trial regarding allegations that he had suffered a serious or violent felony conviction for assault and a prior prison term for assault. Following a bench trial, the court found appellant had suffered a prior serious felony conviction for assault within the meaning of sections 1170.12, subdivisions (a) through (d), and 667, subdivision (a)(1) and (b) through (i). The court struck the prior prison term allegations made pursuant to section 667.5, subdivision (b), after the prosecution elected not to proceed on these allegations.
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