People v. Shyne CA4/2

I.

INTRODUCTION

A jury convicted defendant and appellant, Larry Shyne, of first degree felony 1 murder (Pen. Code, § 187, subd. (a); count 1) , first degree burglary in the presence of

another person (§ 459; count 2), and attempted first degree robbery (§ 221, 664; count 3).

The jury found that all three crimes had been committed for the benefit of, at the

direction of, or in association with a criminal street gang (§ 186.22, subd. (b)(1)(c)), that

a principal had used a handgun (§ 12022.53, subds. (b) & (e)(1)), that a principal

discharged a handgun (§ 12022.53, subds. (c) & (e)(1)), and that a principal discharged a

handgun causing death (§ 12022.53, subds. (d) & (e)(1)). The trial court sentenced Shyne

to prison for two 25 years to life terms, plus 17 years, four months. One of the 25-year-

to-life terms was imposed for the jury’s true finding on the firearm enhancement.

Shyne filed a petition under section 1170.95 to vacate his felony murder

conviction and to be resentenced. He also asked the trial court to strike a firearm

enhancement. The trial court denied the petition, finding that Shyne did not qualify for

relief under section 1170.95 because he was a major…