P. v. Nunez CA5
In 1982, a jury convicted petitioner Joe Nunez, Jr., of conspiracy to commit murder for financial gain (Pen. Code, § 182; count I), and first degree murder (§ 187; count II) with the special circumstance the murder was committed for financial gain (§ 190.2, subd. (a)(1)). In bifurcated proceedings, the trial court found petitioner had served one prior prison term for a violent felony (§ 667.5, subd. (a)). The trial court orally sentenced petitioner to a three-year term for the prior prison term enhancement, followed by a term of life without the possibility of parole on count II. Although the court did not orally pronounce sentence on count I, the judgment of commitment reflects petitioner was sentenced to a concurrent term of life without the possibility of parole on that count. (See People v. Nunez (1986) 183 Cal.App.3d 214, 217 (Nunez I), disapproved on another ground by People v. Palmer (2001) 24 Cal.4th 856, 861, 867.)
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