P. v. Osborg
A jury convicted defendant, of the first degree murders of Joseph Phillips, who was over the age of 60, and Phillipss grandson, Joseph Daugherty. The jury also found defendant guilty of first degree residential burglary and possession of a controlled substance. The jury found true special circumstance allegations of felony-murder (burglary) and multiple murder convictions. The jury also found defendant had personally used a deadly or dangerous weapon in the commission of the offenses.
The trial court sentenced defendant to an aggregate sentence of 10 years plus life without the possibility of parole. The trial court also ordered defendant to pay a $10,000 restitution fine and suspended a second $10,000 parole revocation restitution fine pursuant to Penal Code section 1202.45.
Defendant claims the felony murder special circumstance must be stricken because there was insufficient evidence the killings were in the commission of a burglary. He also claims there was insufficient evidence to convict him of burglary. He claims the trial court erred in allowing inadmissible hearsay statements of one of the victims. He claims the imposition of a six year sentence for burglary violated double jeopardy and section 654. Finally, he claims the imposition of a parole revocation fine was unauthorized. Court agree that the parole revocation fine must be stricken, but otherwise affirm the judgment and sentence.
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