P. v. Lagunas CA2/7
Samuel Lagunas was convicted after a jury trial of attempted willful, deliberate and premeditated murder with special findings by the jury that he had personally discharged a firearm causing great bodily injury to the victim and by the court in a bifurcated proceeding that he had suffered a prior serious felony conviction within the meaning of section 667, subdivision (a), and the three strikes law. He was sentenced as a second strike offender to an aggregate state prison term of 39 years to life.
On appeal Lagunas contends his juvenile adjudication for robbery should not have been used as a prior strike conviction because the People failed to prove he was at least 16 years old at the time he committed the offense, as required by sections 667, subdivision (d)(3)(A), and 1170.12, subdivision (b)(3)(A).
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