Jon Goldberg was sentenced today for the 2nd degree murder of Tim Smith. His sentence is 15 years to life.
The defense motion to strike the 25 year firearm enhancement was granted by Judge Graham Cribbs.
From Shouselaw.com:
"The California legislature has enacted Senate Bill 620. As of January 1, 2018, sentencing enhancements under PC 122022, 12022.5 and 12053 are no longer mandatory. Judges have the discretion to dismiss these enhancements in cases where it would be "in the interests of justice."
Goldberg was charged with three counts. He was found not guilty of Counts 2 and 3. Count 1 was charged as First degree murder. The jury did not convict Goldberg of first degree murder; instead they found him guilty of second degree murder.
Today, the firearm enhancement of 25 year to life was dismissed. That enhancement relates to Count 1.
Goldberg has credit of 754 actual days. A referral to probation has been made for credit calculation, including PC4019 good time credits. That credit calculation will be signed by Judge Christopher Wilson and a hearing is set for November 1. Goldberg had entered an Arbuckle waiver for sentencing; today he entered an Arbuckle waiver for the credit calculation hearing. That is a part of the package that is sent to the CDC.
I did a post earlier today and others this week, all have details on the ongoing process as well as California law on the motion for a new trial and alleged juror misconduct.
Previous post:
https://johnchiv.blogspot.com/2018/10/jurors-still-being-interviewed-in-jon.html?m=1
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