P. v. Ogura CA2/6
A jury found Karl Katsumi Ogura guilty of first degree murder (Pen. Code, § 187, subd. (a) ) and found a gang enhancement allegation to be true (§ 186.22, subd. (b)(1)(C)). The trial court sentenced Ogura to 25 years to life plus 10 years for the gang enhancement. The court imposed restitution and parole revocation fines of $240. (§§ 1202.4, 1202.45.)
On appeal we reversed Ogura’s conviction for first degree murder. We gave the People the option of retrying Ogura for first degree murder, or if the People do not so elect within 30 days of the remittitur, the offense shall be reduced to second degree. We also reduced the restitution fine from $240 to $200. (People v. Ogura (Nov. 13, 2014, B239122) [nonpub. opn.].) The offense was reduced to second degree murder.
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