P. v. Boiser CA4/1
A jury convicted Gregory Derrick Boiser of second degree murder as a lesser included offense of first degree murder (Pen. Code, § 187; count 1) and attempted murder (§§ 664/187; count 2). It found true allegations that in the commission of count 1, Boiser personally and intentionally discharged a firearm that caused death (§ 12022.53, subd. (d)); in the commission of count 2, he personally and intentionally discharged a firearm that caused great bodily injury (§ 12022.53, subd. (d)); and in the commission of both counts, he personally and intentionally discharged and used a firearm (§ 12022.53, subds. (b), (c)). Boiser admitted he had a 2010 serious felony conviction
(§ 667, subd. (a)(1)) for assault with a deadly weapon, which also qualified as a strike (§§ 1170.12, subds. (a)-(d), 667.5, subds. (b)-(i)).
The court sentenced Boiser to a state prison term of 23 years plus 80 years to life.
Comments on P. v. Boiser CA4/1