P. v. Romero CA5
Eloy Romero, Jr. (defendant) stands convicted, following a jury trial, of two counts of first degree murder, during the commission of which he personally used and intentionally discharged a firearm. The jury found true a multiple-murder special circumstance. In a bifurcated proceeding, defendant admitted having served two prior prison terms. He was sentenced to prison for two years plus life without the possibility of parole (LWOP) plus 50 years to life, and ordered to pay restitution, along with various fees, fines, and assessments. On appeal, we hold: (1) The trial court did not err by instructing on adoptive admissions; (2) Defendant is not entitled to reversal based on ineffective assistance of counsel; (3) The parole revocation restitution fine must be stricken; (4) Defendant is not entitled to a remand for the court to exercise its discretion whether to strike either firearm enhancement; and (5) The abstract of judgment contains clerical errors that must be corrected.
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