People v. Wallace CA2/7

INTRODUCTION

In 2008 a jury convicted Alphonso Wallace on one count of first degree murder and five counts of attempted murder. In 2022 Wallace filed a petition for resentencing under Penal Code section 1170.95 (now section 1172.6).1 The superior court ruled Wallace failed to state a prima facie case for relief and denied the petition without issuing an order to show cause. Wallace argues he made a prima facie showing he was eligible for resentencing on three of his attempted murder convictions because he was convicted of committing those crimes under a “kill zone” theory of liability that, he says, allowed the jury to impute malice to him. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

A. A Jury Convicts Wallace of First Degree Murder and Attempted Murder, and We Affirm We described much of the factual background of this case in Wallace’s direct appeal. (See People v. Wallace (Jan. 17, 2012, B216931) [nonpub. opn.] (Wallace I).) On November 21, 2007 Llewelyn Miller, Damone Johnson, La Tonya Strattion, James Eddings, Marion Cantlope, and two other people were in the garage and driveway of Cantlope’s home. The garage door was open. As Miller walked down the driveway to cross…