People v. Hout CA2/5

I. INTRODUCTION

Defendant Boran Hout appeals from the trial court’s denial of his motion for a hearing pursuant to People v. Franklin (2016) 63 Cal.4th 261 (Franklin). He contends the court’s denial violated his equal protection rights under the California and United States Constitutions and the prohibition against cruel or unusual punishment under the California Constitution. We affirm.

II. PROCEDURAL BACKGROUND

A jury convicted defendant of the 1993 robbery (Pen. Code, § 2111) and murder (§ 187, subd. (a)) of Ros Yann. The jury also found true the special circumstance allegation that defendant committed the murder during the course of the robbery (§ 190.2, subd. (a)(17)) and the allegation that he personally used a firearm in the commission of the murder and the robbery (§ 12022.5, subd. (a)(1)). The jury also convicted defendant of the 1993 first degree burglary (§ 459) and attempted murder (§§ 664/187, subd. (a)) of another victim and found true the allegation that he personally used a firearm in the commission of those offenses (§ 12022.5, subd. (a)(1)). The trial court sentenced defendant to life without the possibility of parole (LWOP) plus 19 years. A prior panel…