People v. Robinson CA3

I. BACKGROUND

Given the nature of this appeal, a detailed recitation of the facts is not necessary. In sum, defendant and two others entered the home of the victim, whom they believed stored the proceeds from drug sales in his house, by firing a shot gun into the side of the house and entering through a bedroom window. In exiting the house, one of the intruders shot the victim with a handgun. Defendant was arrested asleep in a car with a shotgun between his legs that matched to a shell found in the victim’s house. With defendant was

2Effective June 30, 2022, former section 1170.95 was recodified without substantive change as 1172.6. (Stats. 2022, ch. 58, § 10.)

2 his co-defendant, who had a handgun in his waistband that matched to a shell recovered at the scene.3 The jury convicted defendant of murder with a robbery-murder special circumstances finding (§§ 187, subd. (a), 190.2, subd. (a)(17)) and also found true that defendant personally used a firearm (§ 12022.53, subd. (b)). Defendant was sentenced to life without the possibility of parole, plus 10 years consecutive for the firearm enhancement. The trial court stayed defendant’s sentence on a separate conviction for robbery…