Powers

Introduction

Appellant Brian Lee Powers appeals from a judgment rendered upon his plea of guilty to murder in the first degree (Pen. Code, § 187) and from jury convictions of first degree burglary (Pen. Code, § 459) and robbery (Pen. Code, § 211). He was 17 years of age at the time the crimes occurred. Pursuant to a plea bargain, the special circumstances allegations as to the murder count were stricken and on May 24, 1982, he was sentenced to 25 years to life imprisonment with possibility of parole. Subsequent to his sentencing, the California Supreme Court decided People v. Spears (1983) 33 Cal.3d 279 [ 188 Cal.Rptr. 454 , 655 P.2d 1289 ], which held that the death penalty law, as amended by the Legislature and adopted at the 1978 general election, did not authorize a sentence of life imprisonment without possibility of parole for a minor; and Carlos v. Superior Court (1983) 35 Cal.3d 131 [ 197 Cal.Rptr. 79 , 672 P.2d 862 ], which held that neither the death penalty nor life imprisonment without possibility of parole can be imposed upon a defendant who did not intend to kill or aid in a killing that occurs during the commission of a felony.

Appellant contends that in…