P. v. Emairi CA3
This case arises out of the attempted robbery of a drug dealer by three young males that resulted in the fatal shooting of the dealer and serious gunshot injuries to the dealer’s friend. A jury found Derrick Emairi, who was not alleged to be the shooter, guilty of attempted murder (Pen. Code, §§ 187, 664) and first degree murder (§ 187), finding true the special circumstance allegation that the murder occurred during the attempted commission of a robbery (§ 190.2, subd. (a)(17)(A)). The jury also found true the allegation that the principal in the offenses was armed with a firearm. (§ 12022, subd. (a)(1).) The trial court sentenced defendant to life without the possibility of parole (LWOP) for the murder conviction, plus an aggregate consecutive term of eight years for the attempted murder conviction and firearm enhancement.
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