Grandberry

FACTS AND PROCEDURAL BACKGROUND

1. The charges, plea, and resentencing petition Much of the procedural background in this case is set forth in our earlier opinion, People v. Grandberry (Mar. 26, 2021, B305238) [nonpub. opn.] (Grandberry I). In a nutshell, in 1983 Grandberry and two codefendants—Bobby Ray Appleberry and Barry Lee Brookins—were charged with the murder of Coleen Hawkins, the attempted murder of Azell Moore, robbery, kidnapping for robbery, forcible oral copulation in concert, and forcible rape in concert. On April 28, 1983, before the preliminary hearing, all three defendants entered into plea agreements with the People. Grandberry pleaded guilty to first degree murder, oral copulation in concert, and rape in concert. He also admitted he used a firearm within the meaning of section 12022.5. In exchange, the prosecution agreed to strike the special circumstance allegations and dismiss the remaining counts. (Grandberry I.) On June 3, 1983, in accordance with the plea agreement, the court sentenced Grandberry to 27 years to life in the state

References to statutes are to the Penal Code.

2 prison: 25 to life for the murder of Hawkins plus two years for the…