P. v. Vick
After a court trial, defendant was found guilty of three counts of special circumstance murder (Pen. Code, § 187, subd. (a)[1]; counts 1, 2 & 3); one count of second degree robbery (§ 211; count 5), one count of attempted second degree robbery (§§ 664/211; count 8), and three counts of criminal threats (§ 422; counts 9, 10 & 11). The trial court found true the firearm enhancement allegations pursuant to section 12022.5, subdivision (a)(1) in counts 1, 2, 3, and 5. The trial court found true the firearm enhancements pursuant to section 12022.53, subdivisions (b), (c), and (d) in counts 1, 2 and 3.
The trial court sentenced defendant to state prison for three consecutive sentences of life without the possibility of parole (LWOP), plus 75 years to life, plus seven years six months. The sentence consisted of the following: in counts 1, 2 and 3, LWOP plus 25 years to life on each count for the firearm enhancement; in count 5, a consecutive midterm sentence of three years plus four years pursuant to section 12022.5, subdivision (a); in count 8, a consecutive midterm sentence of six months; and in counts 9, 10 and 11, a concurrent midterm sentence of two years for each count.
Defendant appeals on the grounds that: (1) the trial court’s unjustified revocation of his right to proceed in propria persona is reversible error; and (2) there was insufficient evidence in support of the criminal threat charges in counts 9 and 11.
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