P. v. Sapp
A jury found defendant guilty as charged of the first degree murder of John Edward Young on January 10, 2004. (Pen. Code, 187, subd. (a);[1]count 1.) Young was 62 years old and defendant was 18 years old at the time of the murder. The jury also found two felony-murder special-circumstance allegations true: defendant committed the murder while engaged in the crimes of robbery ( 190.2, subd. (a)(17)(A)) and carjacking ( 190.2, subd. (a)(17)(L)). The jury found not true a further allegation that defendant personally used a knife in the commission of the murder. ( 12022, subd. (b)(1).) Defendant was sentenced to life without parole, and appeals.
Defendant contends the trial court erroneously: (1) denied his Faretta[2]motion; (2) admitted hearsay evidence; (3) failed to instruct on an accomplice testimony; (4) refused his request to instruct on the lesser included offense of involuntary manslaughter; (5) failed to ensure his presence during a readback of testimony during jury deliberations; and (6) imposed a parole revocation fine. Defendant further contends the cumulative effect of the trial courts errors denied him a fair trial.
In view of defendants sentence of life without parole, we agree that the parole revocation fine was erroneously imposed and must be stricken. Court find no prejudicial error, and affirm the judgment in all other respects.
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