P. v. Brittian
A jury convicted Eric Michael Brittian of the first degree murder of Olivia Avalos and Lori Flores, attempting to murder Jack Ramirez and Joe Ramirez by personally discharging a firearm, and found true a multiple-murder special circumstance allegation. (For clarity and ease of reference, we refer to these individuals and other witnesses sharing the same last name by their first names.) The trial court sentenced Eric to prison for life without possibility of parole, to be served consecutively to an aggregate indeterminate term of 180 years to life.
Eric appeals, contending (1) his convictions must be reversed because there was no solid, credible evidence that he was the assailant who committed the crimes, and (2) the trial court erred and deprived him of his federal constitutional rights when it instructed the jury with CALCRIM No. 315 regarding Olivia's purported eyewitness identification. He also asserts the trial court committed three sentencing errors, namely that the trial court erred when it (1) set the amount of the restitution fine, (2) imposed a parole revocation fine, and (3) imposed both an indeterminate life sentence and a sentence of life without the possibility of parole for the same conduct and offense.
The Attorney General conceded, and we agreed that the trial court erred in setting the amount of the restitution fine and in imposing a parole revocation fine. We otherwise rejected Eric's arguments and affirmed the judgment.
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