P. v. Magana
This appeal involves claims of collateral estoppel. After two individuals were shot and killed in their home, an information charged defendant Joel Angel Magana and a codefendant, Christopher Jones, with murder, robbery, burglary and conspiracy to commit these crimes. (Pen. Code, 182, 187, 211, 459; unspecified statutory references that follow are to the Penal Code.) In a first trial, the jury acquitted defendant of murder and robbery, but could not reach a verdict on the charges of burglary and conspiracy. (The jury hung on the conspiracy charge as to codefendant Jones as well, but convicted him on all other counts.)
Defendant was retried on the two unresolved charges of burglary and conspiracy to commit murder, robbery and burglary. The jury convicted defendant of both offenses and found the charged firearm enhancements to be true. ( 12022.53, subd. (d), 12022.5, 12022.7.) The trial court sentenced defendant to an aggregate prison term of 75 years to life.
On appeal, defendant contends that the earlier acquittals on the murder and robbery charges precluded the introduction in the second trial of any evidence that defendant perpetrated the murder or robbery, or aided and abetted their commission. In a similar vein, he argues that principles of double jeopardy preclude the sentence enhancements for firearm discharge under section 12022.53. Court disagree and affirm the judgment.
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