People v. Eades

Opinion

EVANS, J.

A jury trial resulted in defendant’s conviction of second degree murder and findings that both weapon allegations were true (violation of Pen. Code, §§ 187, 12022, 12022.5).

Defendant initially contends the trial court erred in aggravating his sentence on the basis that the victim was “particularly vulnerable,” pursuant to California Rules of Court, rule 421(a)(3).

The trial court in reaching this decision commented that the victim was “totally unaware of the existence of the weapon in the hands of the individual in the backseat; that he was in a position from which he had…