People v. Yim CA1/5

Filed 8/6/25 P. v. Yim CA1/5 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIVE

THE PEOPLE, Plaintiff and Respondent, No. A170588 v. ROBERT DAVID YIM, (Alameda County Super. Ct. No. H52579) Defendant and Appellant.

Defendant Robert David Yim appeals from the trial court’s order taking no action on his request for recall and resentencing under Penal Code section 1172.1.1 We affirm. BACKGROUND2 On November 14, 2013, an amended information charged Yim with one count of murder (§ 187, subd. (a); first count) and three counts of willful, deliberate, and premeditated attempted murder (§§ 187, subd. (a), 664, subd. (a); second–fourth counts). As to the first count, the amended information alleged that Yim personally and intentionally discharged a firearm and caused great bodily injury and death. (§ 12022.53, subd. (d).) As to the other

1 All statutory references are to the Penal Code.

2 Because the facts of the crimes themselves have no bearing on the

issue raised in this appeal, we omit them. 1

three counts, it alleged that Yim personally and intentionally discharged a firearm. (§ 12022.53, subd. (c).) After trial, the jury acquitted Yim of first degree murder but found him guilty of second degree murder. As to the murder conviction, the jury found true the allegation that Yim personally and intentionally discharged a firearm and caused great bodily injury and death. The jury also found Yim guilty on the other three counts of attempted murder but found that he did not commit them “willfully, deliberately and with premeditation.” It did, however, find true the allegation that Yim personally and intentionally discharged a firearm as to all three attempted murder convictions. In March 2014, the trial court sentenced Yim to an aggregate prison term of 127 years to life. That sentence consisted of 15 years to life for second degree murder (§ 187, subd. (a)) and 25 years to life on the firearm discharge and great bodily injury and death enhancement (§ 12022.53, subd. (d)) plus consecutive determinate terms of nine years for each attempted murder conviction (§§ 187, subd. (a), 664, subd. (a)) and 20 years for each firearm discharge enhancement (§ 12022.53, subd. (c)). Yim appealed. This court reduced his “sentence as to the determinate terms for two of the attempted murder convictions and their related enhancements” but affirmed in all other respects. (People v. Yim (June 15, 2015, A141404) [nonpub. opn.].) On remand, the trial court modified Yim’s sentence in accordance with our decision and sentenced him to an aggregate prison term of 87 years to life. On January 30, 2024, Yim filed a “Request for Recall of Sentence and Resentencing Pursuant to Assembly Bill 600 and Penal Code Section 1172.1.” (Block capitalization omitted, title capitalization added.) On March 26, 2024, the trial court issued a written order stating that as to Yim’s “submissions,” it