People v. Araujo CA2/3

BACKGROUND

In our initial opinion in this matter (People v. Araujo (Mar. 17, 2013, B235844) [nonpub. opn.] (hereafter, Araujo I)),1 we vacated Araujo’s sentence of 75 years to life, plus life because he was only 16 years old when he committed the crimes. We directed the trial court to resentence Araujo due to recent changes in Eighth Amendment doctrine regarding the proper factors to be considered when sentencing juvenile offenders.

FACTUAL BACKGROUND

As set forth in our initial opinion in this matter, the facts underlying Araujo’s convictions were these. 1. Prosecution evidence. On October 23, 2009,2 Bryan A. lived in an apartment complex on Vanowen Street. Robert R. and Jose A. were friends of Bryan who lived nearby. That afternoon, Bryan, Jose, and Robert were standing in front of the apartment complex when defendant Araujo appeared. Araujo walked up to Robert, pulled a gun from his sweatshirt, pointed it at Robert’s head, and asked “Where you from?” When Robert replied, “Nowhere,” Araujo said “M.S.” and shot Robert in the face from just inches away. Robert fell and Jose started running. Araujo chased Jose and fired three times. One bullet shattered a front window of the…