P. v. Delacruz
A jury convicted defendants Sergio Garcia Delacruz and Marisela Andrade of first degree murder and kidnapping. It also found true special-circumstance allegations for purposes of life-without-parole sentences (murder while engaged in a kidnapping) and a firearm-use-causing-death allegation as to Delacruz for purposes of a consecutive 25-year-to-life sentence enhancement. The trial court sentenced defendants to life without parole for the murder convictions, stayed eight-year concurrent sentences for the kidnapping convictions, stayed Delacruz's 25-year enhancement, and imposed $10,000 restitution fines (Pen. Code, § 1202.4)[1] and corresponding, suspended parole-revocation fines (§ 1202.45). On appeal: Delacruz contends that (1) the trial court erred by overruling his objection to the admission of his confession that was grounded on an involuntary waiver of his Miranda[2] rights, and (2) the suspended parole-revocation fine is improper because his sentence does not allow for parole; Andrade contends that the trial court erred by (1) inadequately instructing the jury on the natural and probable consequences doctrine, (2) failing to instruct the jury sua sponte on the lesser included offense of manslaughter, and (3) inadequately instructing the jury on second degree murder. As a fallback position, she claims that she received ineffective assistance of counsel because her trial counsel failed to request an adequate instruction on the natural and probable consequences doctrine. We affirm the judgments.
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