P. v. Barnes CA3
A jury convicted defendants Robert Antonio Barnes and Alphonze Fitzhugh of first degree murder (count one), attempted murder (count two), and attempted robbery (count three). The jury found true the special circumstance that the murder was committed during the commission or attempted commission of a robbery. The jury also found true that Barnes personally and intentionally discharged a firearm in the commission of all three counts. The jury found not true that Fitzhugh personally and intentionally discharged a firearm. The People did not seek the death penalty. Consequently, as to the first count, defendants each received the mandatory lesser sentence for special circumstance murder, life imprisonment without parole. The court also sentenced Barnes to a consecutive upper term of nine years for count two and two consecutive 25 years to life sentences for the firearm enhancement as to counts one and two, for a total of 59 years to life plus life without the possibility of parole.
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