People v. Patterson CA2/5

I. INTRODUCTION

Defendant Trynun Patterson appeals from an order denying his petition for resentencing pursuant to Penal Code1 section 1172.6. Defendant contends there was insufficient evidence to support the trial court’s finding that the prosecution proved beyond a reasonable doubt that he could still be convicted of felony murder as a major participant in the underlying felony who acted with reckless indifference to human life. We affirm.

II. BACKGROUND

A. Underlying Conviction

1. Factual Background2

Defendant and codefendants Ike Carstarphen, Kenny Buckner, and Darryl Clayton jointly planned to rob a music and jewelry store in Long Beach. Carstarphen’s brother, Jermaine Parrot, visited the store and reported to the others that three employees worked there.

Further statutory references are to the Penal Code. The Legislature renumbered section 1170.95 as section 1172.6 effective June 30, 2022. (Stats. 2022, ch. 58, § 10.) For clarity, we will refer to section 1172.6 throughout this opinion.

We grant defendant’s request for judicial notice of the reporter’s and clerk’s transcripts from Court of Appeal case No. B143582, and this court’s nonpublished…