People v. Robancho CA5

Filed 4/28/16 P. v. Robancho CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIFTH APPELLATE DISTRICT

THE PEOPLE, F070455 Plaintiff and Respondent, (Super. Ct. No. SC067623A) v.

NORBERTO ROBANCHO, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Kern County. Michael G. Bush, Judge. Linda J. Zachritz, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

* Before Kane, Acting P.J., Detjen, J. and Peña, J.

INTRODUCTION Appellant Norberto Robancho was sentenced in 1996 to a term of 25 years to life, after suffering a strike conviction for being a felon in possession of a firearm. In 2014, he petitioned for resentencing pursuant to Penal Code section 1170.126.1 Robancho contended he was not disqualified from resentencing pursuant to section 1170.126, subdivision (e)(1)–(3). The trial court denied the petition on the grounds Robancho was statutorily ineligible. Robancho appealed. We affirm. FACTUAL AND PROCEDURAL SUMMARY Robancho was convicted by a jury in 1996 of being a felon in possession of a firearm, a violation of former section 12021, subdivision (a) (now § 29800, subd. (a)(1)). The jury also found true the allegations that Robancho had suffered three prior strike convictions and served one prior prison term. The trial court sentenced Robancho to a term of 25 years to life, plus one year for the prison term prior. The probation report prepared in the 1996 case discloses that officers heard a gunshot, spotted Robancho standing in the area from which they heard the gunshot and, when officers approached, Robancho took off running. Robancho was apprehended and officers found a .38-caliber gun with three live rounds, one spent casing, and two empty chambers nearby. Officers determined Robancho was on parole. Robancho told the officers that he had argued with his girlfriend and fired the gun into the air. When he spotted the officers heading toward him, he became scared, threw the gun down, and ran. Robancho appealed his 1996 conviction, which was affirmed by this court in its nonpublished opinion in case No. F027707. (People v. Robancho (July 10, 1998, F027707) [nonpub. opn.].) The nonpublished opinion contains a brief recitation of the