People v. Bloxton CA2/2

BACKGROUND

I. Procedural Background

In May 1997, a jury found Bloxton guilty of first degree murder (§ 187, subd. (a)) and four counts of second degree robbery (§ 211). It also found true (i) a robbery-murder special circumstance allegation (§ 190.2, subd. (a)(17)), and (ii) personal use of a firearm (§ 12022.5, subd. (a)) and principal armed with a firearm (§ 12022, subd. (a)(1)) enhancement allegations. Bloxton was sentenced to life imprisonment without the possibility of parole (LWOP), plus 15 years. Specifically, the trial court sentenced Bloxton to a term of LWOP plus five years for the firearm enhancement on the murder count, and a consecutive term of 10 years for one of the second degree robbery counts (comprised of a base term of five years plus five years for the firearm enhancement). The court stayed or concurrently ran the sentences for the remaining counts. Bloxton appealed his conviction and we affirmed. (People v. Bloxton (July 23, 1998, B113892) [nonpub. opn.].) In 2018, Bloxton filed a petition under section 1172.6 seeking resentencing for his murder conviction. That

1 Undesignated statutory references are to the Penal Code. Effective June 30, 2022,…