People v. Clark CA2/4

INTRODUCTION

Defendant and appellant Robert Clark appeals the trial court’s denial of his Penal Code section 1172.61 petition for resentencing. Clark argues the trial court erred by concluding he had not shown prima facie eligibility for section 1172.6 relief and denying his petition. Specifically, he contends the jury instructions at trial allowed the jury to convict him of murder if they found the homicide underlying the charge was a natural and probable consequence of a conspiracy to commit arson. We reject Clark’s contention. The jury instructions, read in conjunction with the prosecution’s closing argument, demonstrate as a matter of law that Clark was prosecuted and convicted of murder on the theory that he acted with the intent to kill the victim. We therefore affirm the trial court’s order denying him relief.

FACTUAL BACKGROUND

On direct appeal, the Court of Appeal set forth the following statement of facts:2

On the morning of November 24, 1984, Madeia Hester, her four-year-old son and Evonne Cakos were at home in their duplex apartment. [Charles Lavell] Turner, a drug dealer, went to the duplex with Clark,

1 All undesignated statutory references are to the Penal…