P. v. Brooks
A jury convicted codefendants Jermaine Brooks, Anthony Brown, and Derek Brown of first degree felony murder in connection with the fatal shooting of a convenience store security guard during the course of an attempted robbery. As to Brooks and Anthony, the jury found true the special circumstance allegation that the killing occurred while they were engaged in the attempted commission of a robbery. Because the prosecution did not seek the death penalty against either defendant, they were sentenced to life in prison without the possibility of parole. The jury found the special circumstance not true as to Derek, and the court sentenced him to an indeterminate term of 26 years to life.
Defendants contend that their convictions and adverse special circumstance findings resulted from: (1) a series of evidentiary and instructional errors at trial; (2) prosecutorial misconduct in jury selection, closing argument, and pretrial discovery; and (3) ineffective assistance of counsel. Brooks and Anthony contend that their life-without-parole sentences were unauthorized by statute and constitute cruel and unusual punishment.
Finding no reversible error in the trial proceedings or illegality in the sentences imposed, Court affirm the judgments appealed from.
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