California, United States of America
The following excerpt is from People v. Johnson, B297944 (Cal. App. 2020):
3. Although this court described the conviction as a special circumstances murder based on the jury's finding true two special circumstances allegations, as the People note, "[i]n order for a special circumstance allegation to be found true, the defendant must also have first been found guilty of first degree murder. ( 190.2.)" (People v. Friend (2009) 47 Cal.4th 1, 71.) The abstract of judgment does not reflect the special circumstances findings, and the court correctly did not impose a sentence of life without the possibility of parole under section 190.2, subdivision (a).
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