People v. Poole CA1/4

I. BACKGROUND

In 2017, a jury found Poole guilty of first degree murder (§ 187), voluntary manslaughter (§ 192), and possession of a firearm by a felon (§ 29800) for offenses he committed on January 1, 2015, when he was 24 years old. Regarding the murder, the jury found true a robbery special circumstance allegation (§ 190.2, subd. (a)(17)(A)) and a personal use of a firearm enhancement allegation (§ 12022.53) that is the subject of this appeal; regarding voluntary manslaughter, the jury found true an armed with a firearm enhancement allegation (§ 12022, subd. (a)(1)). The trial court imposed a term of life without the possibility of parole for the first degree murder conviction, plus 25 years to life for the accompanying firearm use enhancement. It imposed consecutive determinate terms of five years and six months for the voluntary manslaughter conviction, one year for the accompanying enhancement, and eight months for the unlawful firearm possession by a felon conviction.

2 We affirmed these convictions in a 2019 unpublished opinion, except that we remanded the case for resentencing so the trial court could apply its recent, legislatively granted discretion under section…