People v. Starling CA1/4

Filed 8/29/22 P. v. Starling CA1/4 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FOUR

THE PEOPLE, Plaintiff and Respondent, A164375 v. ROBERT STARLING, (Sonoma County Super. Ct. No. SCR 5681391) Defendant and Appellant.

Defendant Robert Starling appeals an order denying his petition for resentencing under Penal Code section 1170.91.1 We find no error and accordingly, we shall affirm. Background In April 2010, defendant was found guilty of four robberies (§ 211); two counts of conspiracy to commit robbery (§ 182, subd. (a)(1)); two counts of making false reports to police (§ 148.5, subd. (a)); one count of unlawfully wearing a mask (§ 185); and one count of intimidating a witness (§ 136.1, subd. (a)(1)). The jury also found true the allegation that defendant personally used a firearm during the commission of the robberies, within the meaning of section 12022.53, subdivision (b), and that he was armed with a firearm during the conspiracies, within the meaning of section 12022,

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

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subdivision (a)(1). (People v. Starling (A129084, July 7, 2011) [non.pub. opn.].) The evidence at trial established that between September 2007 and May 2009, defendant, who had previously worked for an armored truck company, robbed four armored truck guards and conspired to rob other armored truck guards. According to the California Department of Corrections and Rehabilitations (C.D.C.R.), “During these robberies, Starling approached the guards as they were transporting bags of cash from the businesses back to the armored trucks, and ordered them to the ground at gunpoint. Starling would take the bags of cash and flee the scene. He and his co-defendant conducted surveillance on other locations with the intent on robbing the transport guards.” Defendant was sentenced to a total term of 30 years four months in prison.2 On August 25, 2021, defendant filed a petition for resentencing under section 1170.91. In conjunction with his section 1170.91 petition, defendant submitted documentation showing that he had been in the United States Army for about six years and that he suffers from post traumatic stress disorder (PTSD), which is “more likely than not . . . related to his reported trauma event experienced in Korea.” A hearing was scheduled and counsel was appointed for defendant. At the hearing, defendant testified that he served in the United States Army from December 28, 1993 through January 26, 2000. From April 1998 through April 1999, he was stationed in South Korea. In South Korea, defendant was stationed “up on the border” with North Korea. “[I]t was a