P. v. Burns
Appellants Brandon Parks-Burns and Todd Jose Tibbs were jointly tried for the first degree murder of Charles Marshall (Pen. Code,[1] § 187, subd. (a); count. 1), and the premeditated attempted murder of Sequwan Lawrence (§§ 187, subd. (a), 664; count 2). In the first trial, the jury deadlocked on the murder count as to both appellants. Parks-Burns later pleaded guilty to premeditated attempted murder of Lawrence. The jury convicted Tibbs of that charge. In October 2010, the court sentenced Tibbs to a determinate term of 20 years plus an indeterminate term of 15 years to life.
Appellants were tried for the murder of Charles Marshall a second time. Before the close of evidence, Tibbs pleaded guilty to the lesser included offense of voluntary manslaughter, in exchange for a six-year term to be served concurrently with his sentence from the first trial. Parks-Burns refused the prosecutor's offer that he plead guilty to a nine-year sentence for assault with a firearm instead of stand trial for murder. The second jury convicted Parks-Burns of first degree murder, and found true allegations that a principal personally and intentionally discharged a firearm, causing death (§ 12022.53, subd. (d)), and the crime was committed for the benefit of, at the direction of, or in association with a criminal street gang (§186.22, subd. (b)). In September 2010, the court sentenced Parks-Burns to a total of 50 years to life in state prison as follows: 25 years to life on the murder conviction, and a consecutive 25 years to life on the gun enhancement. The court ordered him to pay fines, including $7,500 for victim restitution. (§ 1202.4; Gov. Code, § 13967, subd. (c).)
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