People v. Howard CA2/4

INTRODUCTION AND PROCEDURAL BACKGROUND

In 1987, a jury convicted defendant and appellant Ruben Howard of first-degree murder, found true the special circumstance allegation that the murder occurred during the commission or attempted commission of a robbery, and found various other allegations true, including a prior prison term allegation. (Pen. Code,1 § 187, subd. (a); § 190.2, subd. (a)(17); § 667.5, subd. (b).)2 The trial court sentenced Howard to life without the possibility of parole on the murder, and imposed other determinate concurrent and stayed terms, including a one- year stayed prior prison term enhancement imposed under section 667.5, subdivision (b). In June 2023, Howard moved for resentencing under Senate Bill No. 483 and former section 1171.1.3 In July 2023, the

All undesignated statutory references are to the Penal Code. The jury also convicted Howard of another offense and found other allegations true, though we omit those particulars because they have no direct relevance to this appeal. Senate Bill No. 483 (2021–2022 Reg. Sess.) added section 1171.1 to the Penal Code. (Stats. 2021, ch. 728.) The Legislature later renumbered it to section…