P. v. Silva CA4/2
A jury convicted defendant Michael Silva of second degree murder on an implied malice theory. The charge arose from a fatal shooting occurring when defendant, under the influence of methamphetamine, was handling a loaded firearm that discharged, killing Florinda Hernandez (the victim). Defendant was also convicted of being a felon in possession of a firearm and being under the influence of a controlled substance while personally possessing a loaded, operable firearm. The jury found true that he personally used a firearm in the commission of the murder. In a bifurcated proceeding, the trial court found that defendant had three prison priors, a prior strike, and that he committed the offenses while out on bail. On January 4, 2016, defendant was sentenced to ssentenced to 30 years to life for second degree murder, plus a determinate 19 years.
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