People v. Dyer CA5

INTRODUCTION

In 2004, a jury convicted defendant Stacey Daniella Dyer of first degree murder and found true felony-murder special-circumstance allegations pursuant to Penal Code section 190.2 alleging that the murder was committed during the commission or attempted commission of robbery, kidnapping, and carjacking. (Undesignated statutory references are to the Penal Code.) Following the passage of Senate Bill No. 1437 (2017– 2018 Reg. Sess.) (Senate Bill 1437), defendant filed a petition for resentencing, asserting she was entitled to resentencing under the new laws. The court denied defendant’s petition, finding she was ineligible for relief. We previously affirmed the court’s order in an unpublished opinion, concluding the record established defendant was ineligible for resentencing as a matter of law based on the true findings on the special circumstance allegations. Defendant petitioned for review. The California Supreme Court transferred the case back to us with directions for our court to vacate our decision and reconsider the cause in light of People v. Strong (2022) 13 Cal.5th 698 (Strong). Thereafter, we reversed the court’s order and remanded the matter for the court to…