People v. Robinson CA2/2

BACKGROUND

Prior appeals We take judicial notice of our prior decisions in defendant’s case, and draw background facts from those opinions. Robinson I: People v. Robinson (June 2, 2004, B166845) (nonpub. opn.) Defendant was convicted in 2003 of a murder committed in 1992, when he was 16 years old. Defendant was sentenced to life without the possibility of parole (LWOP) plus four years for the use of a firearm. In 2004 we affirmed the judgment. Robinson II: People v. Robinson (Aug. 22, 2017, B264801) (nonpub. opn.) In 2013, defendant petitioned for a writ of habeas corpus seeking resentencing under Miller v. Alabama (2012) 567 U.S. 460 (Miller). In Miller the United States Supreme Court held that a mandatory LWOP sentence imposed upon a juvenile offender violated the Eighth Amendment and that sentencing courts must have discretion to impose a lesser term based upon individualized factors relating to youth and its attendant characteristics. (Miller, at pp. 479-480.) In 2015, after granting such a hearing, the trial court ruled that LWOP remained the

not having been shown, the request for the matter to be expedited is denied.

3 appropriate sentence. We affirmed the court’s order…