P. v. Booker
Defendant Darrick Armand Booker appeals from judgment entered following jury convictions for assault of a child under eight years of age, causing death (count 1; Pen. Code, 273ab), and second degree murder (count 2; 187, subd. (a)). The trial court sentenced defendant to 25 years to life in prison for count 1, and a concurrent prison term of 15 years to life for count 2.
Defendant contends the trial court erred in instructing the jury on felony murder and in disqualifying as incompetent defense witness, B.C., who was five years old at the time of the trial. Defendant also asserts, and the People agree, that the concurrent term imposed for count 2 must be reversed because it violates the prohibition against multiple punishment under section 654.
Court reject defendants contentions challenging the felony murder instruction and disqualification of B.C. as a witness and thus affirm defendants convictions, but order defendants sentence modified to stay the term imposed on count 2 (murder) pursuant to section 654.
Comments on P. v. Booker
I am very proud to call myself mr.Booker's niece, because he is a indecent man. It's a sad day in America when a good man can be sentenced to 2 life sentences while grieving for his son. Who's life he clearly tried save. Mr.booker has been my father figure my whole life. I grew up in the house with him and his mother, my Granny. Even after more then 13 years of mr. Booker, or as I call him Uncle Darrick, I still recall a time in my childhood when my Uncle Darrick saved my own life, and kept me from being malled to death by a large pit bull. This and many other great memories is what gives me hope that is injustice that has been done to the only father I known will be righted, and my uncle can come jome. It's been a long long nightmare.