Mora

Introduction

A jury convicted defendant Ernest Angel Mora and codefendant Alex Arredondo on four counts: (1) first degree murder with the special circumstances that the murder was committed in the course of burglary and robbery, (2) burglary, (3) robbery, and (4) attempted robbery. Defendant and Arredondo (not a party to this appeal) planned an armed robbery of a drug dealer in the dealer’s home. According to plan, defendant, who knew the victim, gained entrance for the ostensible purpose of buying drugs, while Arredondo stood outside with a rifle. Arredondo then entered through the unlocked door, and during resistance by the drug dealer and another visitor, shot the drug dealer twice, killing him.

Because the prosecution did not seek the death penalty, the sole punishment provided by Penal Code section 190.2 for defendant’s conviction of first degree murder with special circumstances is life imprisonment without possibility of parole. At defendant’s sentencing hearing, however, the trial court concluded the statutory punishment of life imprisonment without parole is so grossly disproportionate to defendant’s individual culpability as to constitute cruel or unusual…