People v. Espinosa

Opinion

ALDRICH, J.

Plaintiff and appellant the People of the State of California appeal from the trial court’s order reducing defendant and respondent Estevan Haro Espinosa’s first degree murder conviction to second degree murder, and resentencing him to a lower term. They contend (1) the court lacked jurisdiction to modify the judgment and (2) even if the court retained jurisdiction, modification of the judgment was improper because sufficient evidence supported the jury’s first degree murder verdict and sentence for that crime did not constitute cruel or unusual punishment. Because the…