People v. Underwood

Opinion

FEINERMAN, P. J.

Defendant, Andre M. Underwood, was convicted by jury of second degree murder (Pen. Code, § 187) and robbery (Pen. Code, § 211). An allegation of firearm use by a principal, whose arming was not an element of the crime charged, was found to be true regarding both offenses. (Pen. Code, § 12022, subd. (a).)

Defendant’s motion for a new trial was denied and he was sentenced to state prison for fifteen years to life for the murder (count I), plus one year for the firearm allegation. Defendant was also sentenced to one-third of the midterm of one year on the robbery charge…