P. v. Graham CA3
A jury found defendant Devonta Bobby Graham guilty of second degree murder (Pen. Code, § 187, subd. (a)), two counts of robbery (§ 211), and possession of a firearm by a felon (§ 29800, subd. (a)(1)). The jury also found true the allegations that he personally used and intentionally discharged a firearm proximately causing death. (§ 12022.53, subds. (b), (c) & (d).) The jury further found true the allegation that he personally used a firearm in the commission of the robbery. (§ 12022.53, subd. (b).) In a bifurcated proceeding, defendant admitted that he had suffered a prior serious felony conviction (§ 667, subd. (a)) for burglary (§ 459), which qualified as a strike under the three strikes law (§§ 667, subds. (b)-(i), 1170.12). The trial court sentenced him to an aggregate term of 90 years four months to life in state prison.
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