People v. Bustamante CA4/2
E082668
Cal. Ct. App.Apr 15, 2025Background
- Miguel Adolfo Bustamante was convicted by jury of first degree murder (with special circumstance findings of financial gain and lying in wait), as well as related offenses including conspiracy, burglary, grand theft, identity theft, and receiving stolen property.
- The crimes arose from the murder of Clifford Lambert, an elderly man, in connection with a scheme to steal his assets, involving Bustamante and multiple co-conspirators.
- After an initial conviction in 2011 and an affirmed appeal, Bustamante obtained habeas relief in 2020, leading to a retrial and reconviction on essentially identical charges in 2023.
- Sentencing after retrial resulted in life without parole for murder and eight years for non-murder crimes (increased from the original six years).
- Bustamante raised claims of sentencing error, improper conviction classification, abstract of judgment inconsistencies, and requested review of in camera proceedings regarding discovery.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| First degree burglary (count 9) classification | House occupied after murder | House unoccupied after murder | Conviction modified to second degree burglary |
| Staying sentence under section 654 for conspiracy | No objection | Sentence should be stayed | Sentence for conspiracy must be stayed |
| Staying sentence under section 654 for burglary (count 3) | No objection | Sentence should be stayed | Sentence for first degree burglary must be stayed |
| Increased sentence after retrial (double jeopardy) | Remand moots issue | Sentence increase unconstitutional | Court declined to rule, sentence vacated and remanded |
| Error on abstract of judgment and custody credits | Will be resolved on remand | Abstract and credits incorrect | No decision; will be addressed during resentencing |
| Review of in camera discovery proceedings | No objection | Request for review | No abuse of discretion found in trial court's in camera decision |
Key Cases Cited
- People v. Ramos, 52 Cal.App.4th 300 (Cal. Ct. App. 1997) (first degree burglary requires the dwelling be inhabited at the time of entry)
- People v. Ramirez, 189 Cal.App.3d 603 (Cal. Ct. App. 1987) (section 654 bars multiple punishment for conspiracy and completed offense)
- People v. Briones, 167 Cal.App.4th 524 (Cal. Ct. App. 2008) (same holding as Ramirez regarding multiple punishments)
- People v. Islas, 210 Cal.App.4th 116 (Cal. Ct. App. 2012) (section 654 bars punishment for both burglary and intended underlying felony)
- People v. Centers, 73 Cal.App.4th 84 (Cal. Ct. App. 1999) (same rule for burglary and underlying felony)