People v. Jenkins CA2/8

BACKGROUND

On November 11, 2003, the People filed an Information charging appellant Mark Jenkins with murder and alleging a robbery-murder special circumstance and firearm and prior strike allegations, including personal use and discharge of a firearm causing death. (§§ 187, subd. (a); 190.2, subd. (a)(17); 12022.53, subd. (d); 1170, subd. (a)-(d); 667.5, subd. (a).) On February 14, 2005, a jury found Jenkins guilty of first degree murder and found true the special circumstance that the murder occurred during a robbery. On March 22, 2005, the firearm enhancement was also found true. On February 28, 2007, the trial court sentenced Jenkins to life without the possibility of parole, plus 25 years to life for firearm enhancement. On July 17, 2023, Jenkins filed a petition for resentencing pursuant to former section 1170.95, renumbered on June 30, 2022 as section 1172.6. On August 4, 2023, the trial court summarily denied Jenkins’s petition without appointing counsel or ordering briefing on any issue. The trial court found Jenkins ineligible for relief as a matter of law. Jenkins timely appealed. For context only, we include the facts of the case set out in our opinion affirming…