P. v. Kamnoi
Jimmy Kamnoi appeals the judgment entered after a jury convicted him of first degree murder (Pen. Code[1], 187, subd. (a), 189) and three counts of attempted murder ( 664/187, subd. (a)). The jury also found true allegations that the murder was committed by discharging a firearm from a vehicle ( 190.2, subd. (a)(21)), that the attempted murders were committed willfully, deliberately, and with premeditation ( 664, subd. (a)), and that a principal was armed in the commission of all of the offenses ( 12022, subd. (a)(1)). He was sentenced to life in state prison without the possibility of parole on the murder count, an additional three life sentences with the possibility of parole on the attempted murder counts, plus an additional two years for the section 12022, subdivision (a)(1) enhancements. He was also ordered to pay a $10,000 restitution fine ( 1202.4, subd. (b)), and a $10,000 parole revocation fine ( 1202.45) was imposed and suspended. He contends the trial court violated its sua sponte duty to instruct the jury on implied malice murder, second degree murder, and assault with a firearm. He also contends that the parole revocation fine should not have been imposed. Court modify the judgment by striking the parole revocation fine. Otherwise, Court affirm.
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