PC190.2(a)(3) would have applied if Bodhi had been found guilty of more than one count of 1st degree murder. That was one of the options they had. They ruled 2nd degree for the murders of Christina and Sunshine.
So today, the judge ruled that the special allegation of PC 190.2 (a) (3) was not "found true" because of the 2nd degree verdict. If it had been true, sentencing would be life without parole.
This jury did not rule first degree because they did not feel it was premeditated on Tree's part. They found him guilty of 2nd degree murder and for Rhett August guilty of attempted murder. This jury was dedicated, did a good job.
And the defense wants to use legalities to request their client get probation! Bodhi Tree has a criminal past, he killed 2 people and almost killed another. Justice is not always served by laws. Tree still has no remorse. He sat in court today with his "bad ass stare."
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