People v. Robles CA2/3

INTRODUCTION

Armando Robles, Jr. (Robles) appeals from the trial court’s order denying his petition to vacate his two attempted murder convictions and resentence him under Penal Code section 1172.6.1 Robles contends the court abused its discretion when it denied his petition without holding a hearing on his request to substitute new counsel. Because the record of conviction establishes Robles is ineligible for resentencing as a matter of law, any error in denying his petition was harmless. We therefore affirm.

BACKGROUND

1. The Trial The People charged Robles and a codefendant each with two counts of attempted murder (§§ 664, 187, subd. (a)) and one count of shooting at an occupied vehicle (§ 246). The People alleged the attempted murders were committed willfully, deliberately, and with premeditation (§ 1192.7, subd. (c)) and for the benefit of a criminal street gang (§ 186.22). The People also alleged that a principal personally used a firearm during the commission of the attempted murders (§ 12022.53, subds. (b), (c), & (e)(1)). Robles and his codefendant were tried by the same jury. The court instructed the jury on the elements of attempted murder, premeditation and…