People v. Session CA4/2

INTRODUCTION

In 2006, defendant Jerome Session and his codefendant Shamar Thornton robbed a

convenience store, during which Thornton shot and killed the clerk. They were

separately tried in 2009; a jury found Session guilty of first degree of murder (Pen. Code,

§§ 187, subd. (a), 189)1 and robbery (§ 211), along with a true finding on a felony-

murder special circumstance allegation. In addition, defendant admitted he had

previously been convicted of a serious or violent felony under the Three Strikes law

(§ 667, subds. (b)-(i)). Defendant was sentenced to life without the possibility of parole

(LWOP). (§ 190.2, subd. (a)(17)(A).) Defendant appealed that conviction; we affirmed

the convictions for murder and robbery but we reversed the special circumstance finding

due to the court’s failure to read CALCRIM No. 703 and remanded for further

proceedings and resentencing. Following retrial, the special circumstance allegation was

again found true, defendant was resentenced to LWOP, and he appealed that finding

again. On appeal, we affirmed the special circumstance finding.

In 2019, following the enactment of section 1170.95 pursuant to passage of Senate

Bill No. 1437…