P. v. Orozco
A jury found defendant Pedro Fernandez Orozco guilty of first degree murder and false imprisonment and found true the special circumstance that the murder was intentional and involved infliction of torture. The trial court sentenced defendant to life in prison without the possibility of parole, imposed a $10,000 restitution fine, and stayed a $10,000 parole revocation fine. On appeal, defendant contends: 1) the torture special circumstance must be stricken as it was necessarily included within his first degree murder conviction; 2) punishment for the special circumstance should be stayed pursuant to Penal Code section 654; and 3) the parole revocation fine was unauthorized in light of his life without possibility of parole sentence. Court strike the parole revocation fine and otherwise affirm the judgment.
Comments on P. v. Orozco