People v. Robbins CA2/2

Filed 2/20/24 P. v. Robbins CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TWO

THE PEOPLE, B329423

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. LA038199) v.

FRANCIS ROBBINS et al.,

Defendants and Appellants.

THE COURT: Defendants and appellants Francis Robbins (Francis) and Serean Marshon Robbins (Serean)1 appeal from the trial court orders denying their petitions for resentencing under Penal Code section 1172.62 (former § 1170.95).3

1 Because defendants share the same last name, for ease, when we refer to them individually, we use their first names. No disrespect is intended.

2 All further statutory references are to the Penal Code unless otherwise indicated.

Defendants’ appointed attorneys found no arguable issues and each filed a brief under People v. Delgadillo (2022) 14 Cal.5th 216 (Delgadillo). Under the standard articulated in Delgadillo, we decline counsel’s invitation to undertake an independent review of the record. Instead, we evaluate the arguments that defendants raise in their letter briefs. (Delgadillo, supra, at pp. 231–232.) Finding none of the arguments meritorious, we affirm. FACTS AND PROCEDURAL BACKGROUND I. The Conviction and Sentence On May 21, 2004, a jury convicted defendants of premeditated attempted murder (§§ 664/187, subd. (a), 189). The jury also found true findings on associated firearm enhancements (§§ 12022.53, subds. (b)-(e)(1), 12022.5, subd. (a)) and a criminal street gang enhancement (§ 186.22, subd. (b)(1)). The trial court sentenced each defendant on the attempted murder conviction with the criminal street gang allegation to an indeterminate term of 15 years to life, plus a consecutive indeterminate sentence of 25 years to life for the firearm enhancement. On direct appeal, we affirmed the judgment. (People v. Robbins (Nov. 28, 2005, B176019) [nonpub. opn.].) II. Petition for Resentencing On September 30, 2018, the Governor signed Senate Bill No. 1437 (2017–2018 Reg. Sess.) in order to “amend the felony murder rule and the natural and probable consequences doctrine,