People v. Stathum CA2/3

FACTS AND PROCEDURAL BACKGROUND

In 1996, a jury convicted Stathum of first degree murder (§ 187, subd. (a)) and two counts of second degree robbery (§ 211).2 The jury found true (1) the special circumstance that the murder occurred while Stathum was engaged in committing a robbery (§ 190.2, subd. (a)(17)) and (2) that he personally used a firearm in committing all three crimes (§ 12022.5, subd. (a)). The court sentenced Stathum to life in prison without the possibility of parole plus five years.

References to statutes are to the Penal Code.

Stathum’s arguments on appeal do not concern the facts of his crimes. Therefore, we take those facts from a prior appellate opinion by this court. (See People v. Stathum (May 29, 2025, B333909) [nonpub. opn.].)

2 In October 2022, Stathum filed a motion to initiate a proceeding under People v. Franklin (2016) 63 Cal.4th 261 (Franklin) and In re Cook (2019) 7 Cal.5th 439 (Cook), seeking to make a record of information relevant to a future youth offender parole hearing. Stathum argued he is entitled to a youth offender parole hearing under equal protection principles. According to Stathum, “18 to 25 year olds sentenced to LWOP are…