Flores

Statement of the Case

On March 30, 1981, defendant, Alfonso Flores, was convicted of robbery, attempted robbery, first degree murder with special circumstances and the use of a firearm during the commission of each offense. The defendant was sent to the California Youth Authority (CYA or YA) for a diagnostic evaluation. The court sentenced him to prison for life without possibility of parole, plus a two-year firearm enhancement for the murder, and stayed the sentences on the remaining counts.

Defendant appealed and this court, on March 15, 1983, filed its opinion affirming the conviction but ordering that the case be remanded for resentencing because defendant was a juvenile (17 years old) when he committed the offense and thus could not be charged with special circumstances and sentenced to life in prison without possibility of parole. (People v. Spears (1983) 33 Cal.3d 279 [ 188 Cal.Rptr. 454 , 655 P.2d 1289 ].)

The defendant was not returned to superior court for resentencing until December 12, 1986, over three and one-half years after the opinion was filed by this court ordering his resentencing. The trial court ordered that the matter be referred to the probation…