P. v. Ainsworth CA2/4
Defendant and petitioner Tyrell Ainsworth is before us for the second time. In 2012, he was convicted of first degree murder (Pen. Code, § 187, subd. (a)) with a special allegation that he personally and intentionally used a firearm within the meaning of section 12022.53, subdivision (d). He admitted the allegation that he had suffered one prior strike conviction, and was sentenced to a prison term of 25 years to life, doubled under the Three Strikes law, plus a consecutive term of 25 years to life under the gun use enhancement, for a total term of 75 years to life. He appealed, raising several grounds, including a claim that the matter must be remanded to the trial court because he was a minor at the time of the murder and the court did not consider the factors set forth in Miller v. Alabama (2012) 567 U.S. 460 (Miller) before imposing a 75 years to life sentence. We agreed, and remanded the matter “with directions [to the trial court] to reconsider its sentencing decision in
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