P. v. Krall
A jury convicted defendant Virginia Ann Krall of one count of second degree murder (Pen. Code, § 187, subd. (a))[1] (count 1), three counts of attempted murder (§§ 187, subd. (a), 664) (counts 2-4), and one count of first degree residential burglary with a nonaccomplice present (§ 459) (count 5). The jury found that defendant personally inflicted great bodily injury (§ 12022.7, subd. (a)) and personally used a deadly and dangerous weapon, a knife (§ 12022, subd. (b)(1)). At defendant’s first sanity trial, the jury was unable to reach a verdict, and the trial court declared a mistrial. At a retrial, the jury found defendant legally sane.[2]
The trial court sentenced defendant to a total term of 21 years four months plus 15 years to life in prison. In count 1, the trial court imposed a term of 15 years to life plus one year pursuant to section 12022, subdivision (b)(1). In count 2, the trial court imposed a consecutive upper term of nine years, plus an additional three years pursuant to section 12022.7, subdivision (a), and an additional one year pursuant to section 12022, subdivision (b)(1) for a total term of 13 years. In each of counts 3 and 4, the trial court imposed consecutive terms of one-third the midterm of 84 months for a term of 28 months. In each of counts 3 and 4, the trial court imposed an additional one-third of one year, or four months, pursuant to section 12022, subdivision (b)(1) and one-third the midterm of three years, or one year, pursuant to section 12022.7, subdivision (a) for total terms of three years eight months in these counts. The trial court also imposed and stayed, pursuant to section 654, an upper term of six years in count 5.
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