People v. Colbert

(Court opinion corrected 11/27/13.) Defendant was convicted, after jury trial, of first degree felony murder based on predicate felony of mob action in beating death, and sentenced to 32 years in prison. Defendant's conduct in participating in mob action arose from ongoing feud between two factions of high school students from rival neighborhoods; it not arise from and was not inherent in murder, but involved conduct with independent felonious purpose other than the murder itself Sentence was within statutory range, and no evidence that judge failed to consider Defendant's rehabilitative potential or other mitigating factors. (ROCHFORD and REYES, concurring.)