People v. Denem CA2/3

BACKGROUND

In 1998, Denem and accomplices participated in an armed robbery during which an accomplice shot and killed a security guard. (See generally People v. Denem (Feb. 21, 2023, B318106) [nonpub. opn.].)2 A jury convicted Denem of murder committed while he was engaged in the commission of a felony, robbery (§§ 187, subd. (a), 190.2, subd. (a)(17); count 1) and of robbery (§ 211; counts 2 & 3) with true findings on principal gun use (§ 12022.53, subds. (c), (d) & (e)(1)) and gang (§ 186.22, subd.

1 All further undesignated statutory references are to the Penal Code. 2 We grant Denem’s request for judicial notice of that opinion. (Evid. Code, § 451, subd. (a).)

2 (b)(1))3 allegations. A court sentenced Denem to life without parole for the murder plus 25 years to life. In 2023, Denem moved for a Franklin hearing. In his motion, Denem acknowledged that because he was 18 years old when he committed his crimes and was sentenced to life without parole, he was ineligible for a section 3051 youth offender parole hearing. However, he argued that excluding youth offenders from eligibility for relief violated equal protection guarantees because they are similarly situated to youth…