People v. Robinson CA2/7

DISCUSSION

In accord with the procedures described in People v. Cole, supra, 52 Cal.App.5th 1023, review granted, we appointed the California Appellate Project to represent Robinson on appeal. After reviewing the record on appeal, Robinson’s counsel filed a brief raising no issues. Appointed counsel advised Robinson on

3 October 19, 2021 that he could within 30 days submit a brief or letter raising any grounds of appeal, contentions or arguments he wanted the court to consider. On November 12, 2021 we received a three-page typed supplemental brief from Robinson. Abandoning the claim in his petition that he was not present when Ambers was shot and killed, in his supplemental brief Robinson asserted, contrary to the record, that the trial court had erred by failing to instruct sua sponte on voluntary manslaughter/heat of passion “because when appellant shot the victim (his) passion was aroused and his reason obscured due to a sudden quarrel.” In addition, apparently borrowing from material prepared for other cases, Robinson argued the superior court in denying his petition improperly engaged in judicial factfinding on issues not conclusively resolved by the record of conviction,…