P. v. Connell CA2/7
Derek Connell was convicted following a month-long jury trial of the first degree murder of his stepfather, Christopher Higginbotham, and the second degree murder of his mother, Kim Higginbotham. The jury also found true specially alleged firearm-use enhancements as to both offenses and the multiple-murder special circumstance. The trial court sentenced Connell to life without parole plus three consecutive indeterminate state prison terms of 25 years to life.
On appeal Connell contends there was insufficient evidence identifying him as Kim’s killer and the prosecutor committed prejudicial misconduct by misstating the law regarding the burden of proof during closing argument. Connell argues in the alternative his sentence for second degree murder must be corrected because life without parole is not an authorized sentence notwithstanding the multiple-murder special-circumstance finding.
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