People v. Allan CA4/1

INTRODUCTION

In 2005, Tristan Darnell Allan robbed a liquor store in Highland, California, with his brother, Christopher Turelle White, and his girlfriend’s brother, Darwin Richardson. During the robbery, White shot and killed the store owner, Steve Hall, and a store clerk, Brian Gregorio. After a trial, a jury found Allan guilty of two counts of first degree

felony murder (Pen. Code, § 187, subd. (a))1 and two counts of second degree robbery (§ 211). The jury found a principal was armed with a firearm during the commission of the crimes (§ 12022, subd. (a)(1)), and it returned true multiple-murder and robbery-murder special circumstance findings (§ 190.2, subd. (a)(3), (17)(A)). Allan was sentenced to five years four months in prison, followed by two consecutive sentences of life without the possibility of parole. On appeal, our court affirmed Allan’s felony murder convictions. (People v. White (Sept. 16, 2011, D059000, D059032 [nonpub. opn.] (White).) In 2020, Allan filed a petition for resentencing under former section 1170.95 (currently codified in section 1172.6), arguing his felony murder convictions must be vacated because he could not presently be convicted of murder due…