Opinion
Page __
__ Cal.4th __ 26 Cal.Rptr.3d 302, 108 P.3d 861 PEOPLE v. SHABAZZ. No. S131048. Supreme Court of California March 16, 2005Prior report: Cal.App., 22 Cal.Rptr.3d 472.
Petition for review granted.
Respondent's petition for review GRANTED.
Appellant's petition for review GRANTED.
The issues to be briefed and argued are limited to the following: (1) Does the special circumstance in Penal Code section 190.2(a)(22), which authorizes a punishment of death or life imprisonment without the possibility of parole for a gang member who "intentionally killed the victim" to further the activities of the gang, apply to a defendant who fired a gun with the intent to kill one person but missed and killed another? (2) When a defendant is convicted of an offense that is punishable by a [26 Cal.Rptr.3d 303] sentence of life imprisonment without the possibility of parole, is the defendant also subject to a 25-years-to life sentence enhancement under Penal Code section 12022.53, subdivision (d), for personally discharging a firearm and causing death, or does Penal Code section 12022.53, subdivision (j), preclude the imposition of that sentence enhancement when the punishment for the defendant's underlying felony is life imprisonment without the possibility of parole?
BROWN, J., was absent and did not participate.
GEORGE, C.J., KENNARD, BAXTER, WERDEGAR, CHIN, and MORENO, JJ., concur.