People v. Randall CA6

I. FACTUAL AND PROCEDURAL BACKGROUND

A. Procedure On May 3, 2022, the Monterey County District Attorney filed an amended information charging Randall with one count of first degree felony murder (Pen. Code, § 187, subd. (a); count 1),1 with a special allegation that Randall personally used a firearm in committing the murder (§§ 1203.06, subd. (a)(1), 12022.5, subd. (a)). The information further alleged that Randall had both a prior strike conviction (§§ 667, subd. (d), 1170.12, subd. (b)) and a prior serious felony conviction (§ 667, subd. (a)(1)). After being instructed on first degree felony murder, with robbery as the underlying felony, the jury convicted Randall of that offense and found true the personal use of a firearm enhancement allegation. In a bifurcated proceeding, the trial court found true the allegations that Randall had a prior strike conviction and a prior serious felony conviction. After denying his Romero2 motion, the trial court sentenced Randall to a total term of 59 years to life in prison, consisting of an indeterminate term of 50 years to life on count 1 (25 years to life doubled due to the strike prior conviction), plus determinate consecutive…