People v. Varela CA6

I. FACTS AND PROCEDURAL BACKGROUND

A. Conviction and Sentencing in 2001 Varela was convicted by a jury in 2001 for crimes committed when he was 17 years old, including armed robberies resulting in injuries to multiple people. On April 5, 2001, the court sentenced Varela to 25 years to life with the possibility of parole plus a determinate term of 46 years. The court awarded Varela 383 actual days plus 57 conduct

2 credits pursuant to section 2933.1 for a total of 440 days. Varela appealed, and the convictions were reversed due to the improper replacement of a juror.2 B. Plea and Sentencing in 2004 On remand, Varela entered a plea of guilty to one count of second degree robbery and admitted he personally and intentionally discharged a firearm causing great bodily injury (§§ 211, 12022.53, subd. (d)) and one count of first degree residential robbery and admitted he personally used a firearm (§§ 212.5, subd. (a), 12022.5, subd. (a)). Varela stipulated to a prison term of 30 years to life with the possibility of parole consecutive to a determinate term of four years and eight months. On May 6, 2004, the court sentenced Varela to a total term of 34 years and eight months to life…