People v. Richardson CA4/1

Filed 12/4/20 P. v. Richardson CA4/1 See dissenting opinion NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D076747

Plaintiff and Respondent,

v. (Super. Ct. No. FSB048987)

DARWIN LAMONT RICHARDSON,

Defendant and Appellant.

APPEAL from an order of the Superior Court of San Bernardino, Brian S. McCarville, Judge. Reversed. Patricia J. Ulibarri, under appointment by the Court of Appeal, for Defendant and Appellant. Jason Anderson, District Attorney, and James R. Secord, Deputy District Attorney, for Plaintiff and Respondent.

In 2008, a jury convicted defendant Darwin Richardson of two counts of

first degree murder (Pen. Code, § 187, subd. (a))1 and two counts of robbery

1 All statutory references are to the Penal Code unless otherwise noted.

(§ 211), found that a principal was armed with a handgun during the commission of the crimes (§ 12022, subd. (a)(1)), and returned felony-murder and multiple-murder special circumstance findings (§ 190.2, subd. (a)(3), (17)(A)). (People v. White (Sept. 16, 2011, D059000, D059032) [nonpub. opn.].) Richardson was sentenced to two consecutive life terms without the possibility of parole on the felony murder counts, one year for a firearm enhancement on one of the murder counts, and four years on the robbery counts to be served consecutively to the murder terms. (Ibid.) On appeal, this court reversed the multiple-murder special circumstance finding and modified the judgment to stay execution of the sentences for the robbery