P. v. See CA5
Appellant Chawa See was 16 years old when he and three other gang members approached Robert Trevino and See shot him in the head. A jury convicted See of murder (Pen. Code, § 187, subd. (a)) and conspiracy to commit murder (§§ 182/187) and found true a gang enhancement (§ 186.22, subd. (b)(1)), a special circumstance allegation (§ 190.2, subd. (a)(22), and a personal use and intentional discharge of a firearm enhancement (§ 12022.53, subds. (d) & (e)(1)).
The court originally sentenced See to 25 years to life without the possibility of parole (LWOP) for the murder and a consecutive 25 years to life for the firearm enhancement. However, on May 13, 2016, the court granted See’s petition for a writ of habeas corpus that alleged his LWOP sentence violated the Eighth Amendment.
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