(DOWNLOAD) "People v. Shabazz" by Colorado Supreme Court * eBook PDF Kindle ePub Free
eBook details
- Title: People v. Shabazz
- Author : Colorado Supreme Court
- Release Date : January 27, 2006
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 76 KB
Description
We granted review in this case to address the following two questions: (1) Does the special circumstance set forth in Penal Code section 190.2, subdivision (a)(22) (hereafter section 190.2(a)(22)), which authorizes imposition of a punishment of death or life imprisonment without the possibility of parole upon an active participant of a criminal street gang who "intentionally killed the victim" to further the activities of the gang, apply to a defendant who discharged a firearm with the intent to kill one person but missed the intended victim and killed another individual? (2) Is a defendant who is sentenced to life imprisonment without the possibility of parole for first degree murder also subject to a sentence enhancement of 25 years to life under section 12022.53, subdivision (d) (hereafter section 12022.53(d)), for personally discharging a firearm and causing death in the commission of the murder, or does section 12022.53, subdivision (j) (hereafter section 12022.53(j)), preclude imposition of that enhancement in view of the lengthier term of incarceration that is, life imprisonment without the possibility of parole imposed upon the defendant for the underlying felony?
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