In re Pulido CA1/1

BACKGROUND

In People v. Pulido,2 we affirmed the judgment and sentence imposed on Pulido after a jury found him guilty of first-degree felony murder with special circumstances, robbery and auto theft. The crimes were committed in May 1992 and resulted in the death of a gas station convenience store cashier who was shot in the face with a .45- caliber bullet. The trial court sentenced Pulido, who was 16 years of age when he committed the crimes, to life without possibility of parole (LWOP). On appeal, we rejected Pulido‘s contention the LWOP sentence was disproportionately severe in relationship to his culpability, thereby constituting cruel and unusual punishment. We noted Pulido ―was sentenced pursuant to Penal Code, section 190.5, subdivision (b), which gives the court discretion to choose between a sentence of life without possibility of parole, or 25 years to life, when the defendant was between 16 and 18 years old at the time of commission of the crime and the jury finds true one or more special circumstances enumerated in Penal Code section 190.2.‖3 (People v. Pulido, supra, 1st Appellate District ISYS Data Base, p. 6.) In October 2012, Pulido filed this habeas petition,…