P. v. Whitlow
Jason Whitlow (defendant) appeals from the judgment entered following a jury trial resulting in his convictions of two counts of first degree murder with the finding of a multiple murder special circumstance. (Pen. Code, 187, subd. (a), 190.2, subd. (a)(3).)[1] The jury also made findings in count 1 of the personal and intentional use of a firearm and the personal and intentional discharge of a firearm proximately causing death ( 12022.53, subds. (b), (c) & (d)); and in count 2, that a principal personally and intentionally used a firearm and personally and intentionally discharged a firearm proximately causing death ( 12022.53, subds. (b) & (e)(1), (c) & (e)(1), & (d) & (e)(1)). The trial court imposed two terms of life without the possibility of parole (LWOP), enhanced by consecutive terms of 25 years to life for the firearm enhancements.
Court find merit in some of defendants sentencing contentions and the Peoples one contention and will order the judgment modified by striking the firearm enhancements as to count 2 and by imposing a $40 court security fee. Also, Court order a remand for the trial court to calculate the presentence custody to which defendant is entitled, and the trial court will be directed to make certain corrections in the minute orders and abstract of judgment to conform to the oral proceedings of judgment. In all other respects, the judgment will be affirmed.
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