People v. Randolph CA1/3

Filed 9/11/24 P. v. Randolph CA1/3 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE, Plaintiff and Respondent, v. A166813 ROBERT LEE RANDOLPH, JR., (Sonoma County Super. Ct. Defendant and Appellant. No. SCR7132221)

A jury convicted Robert Lee Randolph, Jr. of two counts of first degree murder and one count of attempted murder, and it found true the accompanying special circumstances and sentencing enhancements. The trial court imposed life sentences for each murder, and 82 years to life for the attempted murder and enhancements. Randolph, Jr. alleges instructional error on appeal. We affirm. BACKGROUND In 2022, the prosecution charged Randolph, Jr. and Maria Lebron with murdering John Mariana (count 1) and Nathan Proto (count 2), and with the premeditated attempted murder of G.G. (count 3). (Pen. Code, §§ 187, subd. (a), 664; subsequent undesignated statutory references are to this code.) The prosecution also alleged multiple-murder, felony-murder-robbery, and felony-murder-burglary special circumstances for each killing. (§ 190.2, subds. (a)(3) & (17).) With respect to Randolph, Jr., it also alleged sentencing

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enhancements with each count: he was armed, personally used a firearm, discharged the firearm, and caused great bodily injury discharging the firearm. (§§ 12022, subd. (a)(1), 12022.53, subds. (b), (c), & (d).) Randolph, Jr. was a marijuana dealer in Philadelphia. He lived with Lebron — with whom he had a daughter — and they regularly travelled to California to send marijuana home to Philadelphia. In California, Mariana introduced Randolph, Jr. to suppliers, and “Pimp” (P) stored Randolph, Jr.’s gun for him. In October 2016, Randolph, Jr. and Lebron arrived in San Francisco. (Subsequent dates refer to 2016 unless otherwise indicated.) They rented a car and, after spending a night in Sacramento, drove to P’s house. P gave Randolph, Jr. two pistols, and the couple spent two nights there. Mariana owed Randolph, Jr. marijuana. On October 15, Randolph, Jr. met Mariana and left “[i]rritated” because Mariana was “giving him the runaround.” Later that day, Mariana called Randolph, Jr. and told him a grower had marijuana for him. Randolph, Jr. met Mariana and the grower (Proto) at a cafe while Lebron and G.G. — Mariana’s girlfriend — waited in their cars. After, they all drove to Proto’s house and went into the garage. After a few minutes, G.G. went outside, and Lebron followed. They smoked marijuana together before Mariana and Randolph, Jr. joined them. Randolph, Jr. put a trash bag of marijuana in his car, and the group went into the garage and shut the door. They relaxed and smoked, and G.G. played blackjack on her phone. Suddenly, Randolph, Jr. began shooting. Lebron saw him shoot Mariana in the head. Mariana fell, knocking over a paint can. Proto approached Randolph, Jr. with his hands up, asking what was going on. Randolph, Jr. shot him too. G.G. looked up and saw Randolph, Jr. pointing