Man’s 50-year-to life sentence is re-affirmed

The convicted murderer of an East Palo Alto man sought to have his 50-years-to life sentence cut in half on Wednesday under a new law that gives judges leeway to dismiss gun-enhancement charges.

A lawyer for defendant Warren Oleg Morrison asked a San Mateo County Superior Court judge to eliminate the firearm enhancement, which was previously mandatory and could add decades to a convict’s prison term. But the new law, which went into effect on Monday, gives judges leeway to strike or dismiss a firearm enhancement in “the interest of justice.”

Morrison, 24, of Stockton, was convicted last May for the Oct. 25, 2015, murder of Jamal Magee, 31, after the two and another man argued on the 300 block of Wisteria Drive in East Palo Alto. Police found Magee lying on the street next to the open passenger door of a Chevrolet Volt. He was shot multiple times in the torso and died.

Witnesses testified Magee had gotten into an argument with Morrison and a 45-year-old man. While Magee was being hit and kicked, Morrison took out a handgun and shot him twice. Magee got up to run away and Morrison fired three more times. As Magee fell to the ground, Morrison walked up and shot him twice in the back, the San Mateo County District Attorney’s Office said. Morrison fled the scene, but he was arrested at a motel in Tracy on Nov. 11, 2015.

After Morrison’s jury trial, San Mateo County Superior Court Judge Barbara Mallach sentenced Morrison to 50 years to life in prison last Sept. 7. He received 25 years to life for premeditated murder and 25 years to life for the use of a firearm in the commission of a murder.

Just one month after Morrison’s sentencing, however, California Gov. Jerry Brown signed Senate Bill 620, which gives judges discretion when applying firearms enhancements in the “interest of justice.” The law is meant to avoid sending a person who participated in a crime — but who was not the one who fired the gun, for example — from receiving an inequitable sentence, such as after being in a car during a drive-by shooting.

Citing the new law, Morrison’s attorney, Randy Hey, a private public defender, asked Mallach to recall the gun-enhancement sentence and to re-sentence Morrison to 25 years to life for the murder. Prosecutors argued against the reduction.

Mallach held a hearing regarding the applicability of the new law on Morrison’s case, even though the law went into effect after his sentencing. She recalled the sentence in consideration of the law and reviewed his case for imposition of a new sentence.

But she re-affirmed the 50-years-to-life sentence, citing the nature of the crime and Morrison’s prior criminal history as reasons why he did not deserve to have the enhancement dismissed, San Mateo County District Attorney Steve Wagstaffe said.

Morrison was not in court on Wednesday. Mallach will hold a formal hearing for imposition of the sentence on Feb. 8.

Morrison’s attorney could not immediately be reached for comment. He has filed a notice of appeal on the entire case, Wagstaffe said.