P. v. Phenneger CA5
In 2017, appellant Michael Phenneger and two codefendants were tried for the 2014 stabbing death of Roman Aguayo. The jury was unable to reach a verdict and a mistrial was declared. In 2018, appellant was tried alone and a second jury convicted him of first degree murder (Pen. Code, § 187, subd. (a); count 1), finding true that this crime was committed with the specific intent to promote, further or assist in criminal conduct by gang members (§ 186.22, subd. (b)(1)). The jury also convicted appellant of active participation in a criminal street gang (§ 186.22, subd. (a); count 2).
Appellant, who was born in 1996, was 17 years old when this homicide occurred. He received an indeterminate prison term of 25 years to life. This sentence was consolidated with sentencing in three other unrelated criminal matters, all of which appellant had resolved through plea agreements.
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