P. v. Meraz
Victor Meraz appeals from judgment after conviction by jury of first degree murder. (Pen. Code, § 187, subd. (a).)[1] The jury found two special circumstances allegations to be true: that Meraz committed murder by intentionally discharging a firearm from inside a motor vehicle with intent to kill the person outside (§ 12022.53, subd. (b)); and that he intentionally killed his victim while an active participant in a street gang, to further the gang's activities. (§ 190.2, subd. (a)(22).) The jury also found true allegations that he personally and intentionally discharged a firearm causing death and that he committed murder for the benefit of a street gang. (§§ 12022.53, subds. (c) & (d), 186.22, subd. (b).)
The trial court sentenced Meraz, who was a minor, to life in prison without possibility of parole (LWOP). (§ 190.5.) For the firearm enhancements, it imposed a consecutive term of 25 years to life, and imposed and stayed a 20-year consecutive term. (§ 12022.53, subds. (c) & (d).) For the gang enhancement, it imposed a consecutive 10-year term. (§ 186.22, subd. (b)(1)(C).)
We reject Meraz' contention that the trial court did not properly instruct the jury in response to a question about self-defense, but we vacate the LWOP sentence and remand so the court may reconsider its sentencing discretion in view of the United States Supreme Court's decision in Miller v. Alabama (2012) 567 U.S. ___ [183 L.Ed.2d 407, 424] (Miller). We also conclude that the trial court imposed an incorrect security fine, should not impose a 10-year gang enhancement on remand, and should not impose a parole restitution fine if the sentence on remand does not include a period of parole.
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