People v. Nevarez

Defendant was convicted, after jury trial, of first degree murder, and sentenced to 85 years imprisonment. Evidence was sufficient for trier of fact to find that Defendant personally discharged firearm that proximately caused victim's death, and thus sentencing enhancement of 25 years was proper. No violation of four amendment in search for victim's body, which was found buried underneath cement floor of uninhabited apartment building. Cadaver dog hit on hole in cement floor, which enhanced probable cause by corroborating information of witnesses that Defendant had dug hole and buried victim. Search on second day was reasonable continuation of search suspended after first evening due to physical exhaustion of searchers. Defendant had no legitimate expectation of privacy in apartment as he used apatement without permission of his father, who was apartment manager. (HOFFMAN and KARNEZIS, concurring.)