P. v. Ebaniz
In his first trial, a jury convicted appellant of first degree murder, felony false imprisonment, torture, and kidnapping. The jury further found true allegations that a principal was armed with a handgun and an assault rifle during commission of the crimes, and that appellant personally used a deadly or dangerous weapon during the commission of torture. Appellant was sentenced to a total term of 34 years to life in prison. On appeal, court reversed the murder conviction due to instructional error, afforded the district attorney the opportunity to retry the murder count, and affirmed the remaining convictions. br />
The district attorney elected to retry appellant on the reversed count. A jury again convicted appellant of first degree murder, and found true allegations that a principal was personally armed with an assault rifle and a handgun during commission of the crime. Appellant was sentenced to a nine-year term on count 4 and the attendant enhancements, a concurrent two-year term on count 2, a consecutive term of 25 years to life in prison on count 1, and a concurrent term of life plus one year on count 3. Defendant now appeals, challenging both his murder conviction and a portion of his sentence. Court conclude the murder conviction must again be reversed.
Comments on P. v. Ebaniz