P. v. Luna CA5
In 2006, a jury convicted petitioner Rafael Antonio Luna of the first degree murder of Marcos V. (Pen. Code, § 187, subd. (a), count 1) with the special circumstance petitioner intentionally killed Marcos while an active participant in a criminal street gang (§ 190.2, subd. (a)(22)). For this offense and the associated enhancements, the trial court sentenced petitioner to a term of life without the possibility of parole plus a term of 15 years to life. (People v. Luna (Mar. 16, 2007, F050272) [nonpub. opn.] (Luna).)
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