People v. Hammonds CA2/3

facts is limited to those relevant to Hammonds’s convictions for murder and attempted murder.

All further undesignated statutory references are to the Penal Code. Effective June 30, 2022, section 1170.95 was renumbered to section 1172.6 with no change in text. (Stats. 2022, ch. 58, § 10.) We refer to the law as section 1172.6 for the remainder of this opinion. We refer to the Court of Appeal opinion only “for background purposes and to provide context” for Hammonds’s arguments. (People v. Flores (2022) 76 Cal.App.5th 974, 978, fn. 2.) We do not rely on the facts in the opinion to review the trial court’s determination of Hammonds’s eligibility for resentencing at the prima facie stage. (Id. at p. 988.)

2 “III. The Minimarket Robbery and Murder (Counts 1 and 2); Case No. A646376 “On December 1, 1987, at approximately 8:15 p.m., Sam Lee, the owner of a minimarket and gas station at the intersection of Rosecrans and Aranbe, was inside the minimarket and closing up for the day. He was inside of the store alone as a friend, Roscoe Wimbley, stood in front of the minimarket smoking a cigarette. “Appellant then walked into the market and asked Lee for a pack of cigarettes.…