P. v. Mauricio
A jury convicted Michael Angelo Mauricio of three counts of first degree murder (Pen. Code, § 187, subd. (a))[1] arising from two separate drive-by, gang related shootings. The jury’s guilty verdicts included special circumstance findings as to each count that the murder was perpetrated by means of discharging a firearm from a motor vehicle (§ 190.2, subd. (a)(21)), that Mauricio intentionally killed the victim while an active participant in a street gang (§ 190.2, subd. (a)(22)), and that he had committed multiple murders (§ 190.2, subd. (a)(3)). The jury further found as to each murder count that a principal had personally used a firearm (§ 12022.53, subds. (b) & (e)), personally discharged a firearm (§ 12022.53, subds. (c) & (e)) had done so causing great bodily injury and death (§ 12022.53, subds. (d) & (e)), and that the murder was committed for the benefit of a criminal street gang (§ 186.22, subd. (b)(1)(C)). The trial court sentenced Mauricio to three consecutive terms of life without the possibility of parole (LWOP), plus three consecutive indeterminate of term of 25 years to life, one as to each murder count, for the attached findings that a principal had personally discharged a firearm causing death.
On appeal, Mauricio contended the trial court erred in declining to exercise its discretion to sentence him to terms of 25 years to life, rather than LWOP. In an opinion we issued on November 28, 2011, we modified various fines and fees, rejected Mauricio’s contention, and affirmed his multiple LWOP sentence. (People v. Mauricio (Nov. 28, 2011, B224505) [nonpub. opn.].) The California Supreme Court denied Mauricio’s petition for review. (People v. Mauricio (Feb. 29, 2012, S199094) [nonpub. order].) Mauricio filed a petition for writ of certiorari in the United States Supreme Court. (Mauricio v. California (No. 11-10139.) On June 25, 2012, the United States Supreme Court issued its decision in Miller v. Alabama (2012) 567 U.S. ___ ; 132 S.Ct. 2455 (Miller) concerning the propriety of imposing LWOP sentences upon defendants who commit LWOP imprisoning offenses when a minor. On October 29, 2012, the United States Supreme Court granted Mauricio’s petition for writ of certiorari, vacated our November 2011 judgment, and remanded the cause to our court with directions to further consider Mauricio’s sentencing arguments in light of Miller. We now undertake the task assigned to us by the United States Supreme Court.
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