People v. Weisner CA2/4

BACKGROUND

In 2013, a jury found appellant and two codefendants guilty of first degree murder (§ 187, subd. (a)), conspiracy to commit robbery (§§ 182, subd. (a), 211), and robbery (§ 211). (People v. Weisner (Oct. 20, 2016, B251312) [nonpub. opn.].)3 The jury also returned true findings on gang allegations as to all three counts (§ 186.22, subd. (b)(1)(C)), and found that a principal discharged a firearm, causing great bodily injury or death during the robbery

1 Appellant hyphenated his name in his petition. 2 All further statutory references are to the Penal Code unless otherwise indicated. 3 We granted appellant’s request for judicial notice of the

opinion and appellate record in the underlying case, No. B251312. The October 7, 2015 opinion to which appellant and respondent cite was vacated at the direction of the Supreme Court, which granted appellant’s codefendants’ petitions for review on unrelated issues. We cite to the October 20, 2016 opinion issued after the prior opinion was vacated.

2 and murder (§ 12022.53, subds. (d) & (e)(1).) (People v. Weisner (Oct. 20, 2016, B251312) [nonpub. opn.].) The trial court sentenced appellant to a total term of 50 years to life.…