People v. Doulphus CA3

BACKGROUND

In an earlier appeal, a different panel of this court stated the underlying facts of Doulphus’s crimes. Doulphus and two codefendants, each armed with a firearm, entered a trailer on a marijuana farm in Tehama County and bound three workers with duct tape and zip ties. When one of the workers broke free and tried to escape, Doulphus and one of his codefendants shot at him. The codefendant’s shots struck and killed the man. (People v. Doulphus (Sept. 28, 2018, C082044) [nonpub. opn.].) Doulphus pled guilty to three counts of robbery, each with a section 12022.53, subdivision (c) enhancement for discharging a firearm, and to one count of voluntary manslaughter. He was sentenced to 42 years four months in state prison. There was no stipulated term as part of the plea agreement. At sentencing, the trial court rejected Doulphus’s argument for a mitigated term for the principal robbery conviction, instead imposing an aggravated five-year term for that count as part of the 42-year four-month total term. (People v. Doulphus (June 30, 2022, C089263) [nonpub. opn.].) In Doulphus’s first appeal, the panel remanded to allow the trial court to determine whether to exercise its…