P. v. Ayala & Nahapetian CA2/1
Santiago Ayala and Jizette Nahapetian appeal the judgments entered following a jury trial in which they were convicted of the first degree murder of Breanne Hanna (Pen. Code, § 187, subd. (a); count 1) and possession of an assault weapon (§ 30605, subd. (a); count 2). In addition, the jury found true the gang enhancement allegations as to both appellants and both offenses. Regarding appellants’ murder convictions, the jury found true two special circumstance allegations under section 190.2, subdivision (a)(15) and (22) for lying in wait and gang participation, as well as three firearm enhancement allegations (§ 12022.53, subds. (b)–(e)). The trial court sentenced both appellants to prison for a term of life without the possibility of parole (LWOP), plus 30 years to life. We affirm the judgments of conviction as to both appellants. We remand the matter to the trial court for reconsideration of the imposition of the gun enhancement in light of Senate Bill No. 620.
Comments on P. v. Ayala & Nahapetian CA2/1