People v. Griffin CA2/4

Filed 8/15/23 P. v. Griffin CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FOUR

THE PEOPLE, B322522

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. VA003749) v.

FREDERICK GRIFFIN,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Raul A. Sahagun, Judge. Affirmed. Jennifer Peabody and Sydney Banach, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Senior

Assistant Attorney General, Noah P. Hill and Kathy S. Pomerantz, Deputy Attorneys General, for Plaintiff and Respondent. _________________________________________

Frederick Griffin was convicted of 13 counts of residential robbery and one count of first degree felony murder. He appeals from the trial court’s order denying his petition for resentencing under Penal Code section 1172.6.1 He argues the trial court erred when it determined he acted with reckless indifference to human life without considering he was 19 years old at the time of the murder. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND From October 1989 to May 1990, appellant Frederick Griffin and several companions committed a series of armed residential robberies, resulting in the murder of Jay Tryon. During the robberies preceding Tryon’s murder, the appellant was identified as a perpetrator who: (1) held a gun to the head of victims; (2) threatened to kill victims; and (3) physically assaulted victims, including stepping on the back of a victim who was nine months pregnant. During the final robbery, involving victim Tryon, a neighbor witnessed Tryon wrestling with one of the robbers on his porch and the robber