People v. Edwards CA5

INTRODUCTION

In 2013, appellant Matthew Edwards was convicted by jury of four counts of the premeditated attempted murder of a peace officer engaged in the performance of their duties (Pen. Code,1 §§ 664, subds. (e), (f)/187, subd. (a)), counts 1-4), assault with a firearm on a peace officer (§ 245, subd. (d)(2), counts 5-8), felon in possession of a firearm (former § 12021, subd. (a)(1), count 9), and vehicle theft (Veh. Code, § 10851, subd. (a), count 10).2 In addition, the jury found true firearm use enhancements as to counts 1 through 8. (See §§ 12022.53, subds. (b), (c), 12022.5, subd. (a)(1).) Edwards was sentenced to an indeterminate prison term of 60 years to life, plus a determinate term of 83 years. In 2022, Edwards filed a petition to vacate his convictions for premeditated attempted murder, and to be resentenced pursuant to former section 1170.95, now section 1172.6.3 Following the appointment of counsel to represent Edwards and the submission of a motion to dismiss by the prosecutor, the trial court issued an order to show cause. At the evidentiary hearing on Edwards’s petition, the parties submitted upon the record of conviction. The trial court denied Edwards’s…