People v. Edwards CA5

INTRODUCTION

In 1981, appellant and defendant Jerry Lynn Edwards (appellant) and codefendant Terry Myers were convicted after a joint jury trial in Fresno County Superior Court of first degree murder, armed robbery, and two counts of attempted robbery, with firearm enhancements. They were both sentenced to 25 years to life. In their joint direct appeal, the judgment was affirmed. In 2022, appellant filed a petition for resentencing of his murder conviction pursuant to Penal Code1 section 1172.6. The prosecution conceded there was a prima facie case based on the jury instructions, and the trial court set an evidentiary hearing. The parties agreed the reporter’s transcript of the jury trial no longer existed and the court could rely on the preliminary hearing transcript for purposes of the evidentiary hearing. In 2024, the court found beyond a reasonable doubt that appellant was convicted as the actual killer; the court additionally found beyond a reasonable doubt that he was a major participant in the underlying felony who acted with reckless indifference to human life. On appeal, appellate counsel filed a brief that summarized the facts with citations to the record, raised no…