P. v. Smith CA5
Defendant Kylin Dion Smith was convicted by jury of the first degree murder of Felipe Atilano, the attempted second degree robbery of Atilano, and the attempted second degree robbery of Isidro Madera. As to count 1, the jury found true an aggravating circumstance alleging the murder was committed in the commission of a robbery, and a circumstance alleging defendant was 17 years old at the time of the murder. As to all counts, the jury found defendant personally discharged a firearm causing death or great bodily injury. In a bifurcated proceeding, the court found true an allegation that defendant had committed all counts for the benefit of, at the direction of, or in association with, a criminal street gang within the meaning of section 186.22, subdivision (b)(1). Defendant received a sentence of life without the possibility of parole on count 1, with a term of 25 years to life for the firearm enhancement.
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