People v. Griffin CA2/3

California Court of Appeal Jan 18, 2023 No. B319157Unpublished

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Holding. The court held that the trial court did not abuse its discretion in sentencing the defendant to the middle term because the defendant failed to establish that childhood trauma contributed to the commission of the crime, which is a prerequisite for the lower term presumption under Penal Code section 1170, subdivision (b)(6).

Issues

Whether the trial court erred by failing to apply the lower term presumption under Penal Code section 1170, subdivision (b)(6).
Whether the defendant's evidence of childhood trauma compelled a finding that the lower term presumption applied as a matter of law.
Whether the trial court abused its discretion in its weighing of aggravating and mitigating circumstances.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“Griffin did not explain why or how any childhood trauma contributed to his decision to rob Ramirez.”

“we cannot find that the trial court abused its discretion by declining to draw that inference when Griffin offered no clear reason to do so.”

Filed 1/18/23 P. v. Griffin CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE, B319157

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. VA146930) v.

DOMINICK DONNELL GRIFFIN,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Debra Cole-Hall, Judge. Affirmed. Richard B. Lennon and Olivia Meme, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Assistant Attorney General, Susan Sullivan Pithey, Assistant Attorney General, David E. Madeo and Nicholas J. Webster, Deputy Attorneys General, for Plaintiff and Respondent. _________________________

After a jury convicted Dominick Griffin of robbery, the trial court sentenced him to the middle term. On appeal, Griffin contends his sentence should be vacated and the matter remanded for resentencing under recent amendments to Penal Code1 section 1170 providing that if a defendant experienced psychological, physical, or childhood trauma that was a contributing factor in the commission of the offense, then the lower term is the presumptive term. We reject his contention and affirm the judgment. BACKGROUND In March 2017, Ricardo Ramirez was working at a gas station. When he went outside to help someone at a gas pump, a disguised man, later identified as Griffin, pointed a gun at Ramirez, pushed him back into the store, and demanded money. Ramirez gave Griffin money from the cash register, but Griffin demanded that Ramirez open the safe or he’d kill Ramirez. Fearing he would be shot, Ramirez tried to push the gun away. A struggle ensued during which a shot was fired but did not hit anyone. Griffin then pointed the gun again at Ramirez, who gave him money. Griffin fled in a nearby car. A fingerprint recovered from the crime scene led investigators to Griffin, who was arrested two years later. At that time, Griffin admitted to law enforcement that he committed the robbery at the behest of a friend to whom Griffin owed rent money. His friend drove them to the store, gave Griffin a gun, mask and gloves, and told him to

People v. Griffin CA2/3

AI Brief

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE, B319157

DOMINICK DONNELL GRIFFIN,

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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

EDMON, P. J.

LAVIN, J.

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