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Sentence and conviction of defendant for felony murder is reversed and remanded in part where: 1) conviction on the charge of murder during commission of burglary is modified to reflect defendant was convicted of murder with true findings on the special circumstances that the murder was committed during the commission or attempted commission of a robbery and a burglary, plus true findings that defendant personally used a firearm in the commission of the offense, and that a principal was armed with a firearm in the commission of the offense; and 2) the portion of the sentence imposed by the trial court that imposed a triple indeterminate term of life without the probability of parole (LWOP) for the murder during the commission of burglary conviction is reversed and vacated, and instead impose a single indeterminate LWOP; and 3) defendant's convictions for murder during commission of robbery and second degree murder are reversed and vacated.
Filed October 9, 2009
Opinion by Judge Cantil-Sakauye
For Appellant: Jerry D. Whatley, under appointment by the Court of Appeal
For Appelle: Edmund G. Brown, Jr., Attorney General, Michael P. Farrell, Assistant Attorney General, David A. Rhodes and Daniel B. Bernstein, Deputy Attorneys General