P. v. Luna
On January 20, 2006, an information was filed in the Superior Court of Kings County charging appellant Rafael Antonio Luna, and codefendants Victor Manuel Castaneda, Gonzalo Murguia, and Jose Naranjo, with count I, first degree murder of Marcos Villegas (Pen. Code, 187, subd. (a)), and count II, conspiracy to commit murder ( 182, subd. (a)(1), 187, subd. (a)). As to both counts, a special circumstance was alleged that the homicide was carried out to further the activities of a criminal street gang ( 190.2, subd. (a)(22)). As to both counts, it was further alleged the offenses were committed for the benefit of a criminal street gang ( 186.22, subd. (b)(4)), and that appellant and the codefendants personally and intentionally discharged and used a firearm causing great bodily injury or death ( 12022.53, subds. (b), (c) & (e), 12022.5, subd. (a)(1)).
Appellant pleaded not guilty and denied the special allegations. Appellants case was subsequently severed from his codefendants and he was tried separately.
Appellant contends, and respondent concedes, that the court improperly imposed LWOP sentences for both counts I and II, the LWOP sentence for count II must be stricken, and this court should amend the abstract of judgment to reflect a sentence of 25 years to life for count II.
Appellant also contends, and respondent also concedes, the court improperly imposed a $10,000 parole revocation fine pursuant to section 1202.45, and that fine must be stricken because he received an LWOP term.
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