P. v. Herrera CA2/5
In 2000, the jury found defendant and appellant Miguel Herrera guilty of first degree murder (Pen. Code, § 187 [count 1]) and conspiracy to murder (§ 69 [count 2]). The jury found true the allegations that Herrera committed the murder by lying in wait (§ 190.2, subd. (a)(15)), and that he committed the murder for financial gain (§ 190.2, subd. (a)(1)). The jury also found true the allegation that a principal was armed with a handgun. (§ 12022, subd. (a)(1).) The trial court sentenced Herrera to life without the possibility of parole in count 1, and imposed and stayed a sentence of 25 years to life in count 2 pursuant to section 654. The principal armed with a handgun enhancement was stricken under section 1385.
On appeal, another panel of this court modified the award of custody credits, but otherwise affirmed the judgment.
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