P. v. Neely CA2/6
In 2007, a jury convicted Jaliel Rashad Neely of first degree murder (Pen. Code, §§ 187/189) but found the robbery-murder special circumstance allegation “not true.” Neely also was convicted of two counts of attempted second degree robbery (§§ 664/211) and possession of cocaine base for sale (Health & Saf. Code, § 11351.5). (People v. Neely (2009) 176 Cal.App.4th 787, 791, 793 (Neely).) The trial court sentenced him to 25 years to life for first degree murder, a consecutive prison term of 10 years for a firearm enhancement (§ 12022.53), a consecutive term of one year for one attempted robbery, a concurrent term of three years for the second attempted robbery, and a concurrent term of four years for the drug offense. (Neely, at p. 793.) We affirmed the convictions but remanded for resentencing of the determinate terms. (Id. at p. 792.)
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