People v. Logan CA2/7

INTRODUCTION

Gregory Logan, convicted in 1990 of first degree murder and second degree robbery, appeals from the superior court’s order following an evidentiary hearing denying his petition for resentencing under Penal Code section 1170.95 (now section 1172.6).1 Logan argues substantial evidence did not support the court’s finding he is guilty of murder under current law as a major participant in an underlying felony who acted with reckless indifference to human life. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

A. The Trial Court Convicts Logan of First Degree Murder, and We Affirm On the evening of September 24, 1986 Logan, Randolph Hawkins, and Willie Hearod walked to the Hoover Plaza apartments. Logan and Hawkins left, and Hearod stayed behind to play cards. Logan and Hawkins saw a Cadillac belonging to Raymond Curtis stopped in the middle of the street with blinking lights. Hawkins said, “Let’s get that car.” When Curtis approached the car, Logan and Hawkins ran toward it. Hawkins pulled out a gun and told Curtis to freeze. Curtis dropped the keys, and Logan picked them up. Hawkins said, “Let’s take him with us . . . so he can’t call the police and report his car…