P. v. Armstrong CA1/3
Keith Osby was beaten, bound and transported to a parking lot where he was shot in the head. Several people were separately tried for torturing and killing Osby, including defendant Demarcus Armstrong who was convicted of first degree murder. (Pen. Code, § 187, subd. (a).) The jury found the murder was committed during a kidnapping (§ 190.2, subd. (a)(17)) and that defendant personally and intentionally discharged a firearm that proximately caused great bodily injury and death (§ 12022.53, subd. (d)). The jury failed to reach a verdict as to torture (§ 206) and that charge was dismissed. The trial court sentenced defendant to state prison for life without the possibility of parole for murder during a kidnapping, plus a consecutive term of 25 years to life on the firearm enhancement.
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