People v. Eagan CA2/7

INTRODUCTION

Anthony Eagan was convicted of first degree murder under a provocative act theory in 2012. He appeals the summary denial of his second resentencing petition under Penal Code section 1172.6,1 and he argues the superior court erred by failing to consider the record of conviction or follow the statutory procedures of section 1172.6. We affirm because the record of conviction demonstrates Eagan is ineligible for relief as a matter of law.

FACTUAL AND PROCEDURAL BACKGROUND

A. Conviction and Sentence In 2006, Eagan, Tyrone McDougal, and an unidentified third man attempted to rob Sharon Cole at gunpoint in her home.2 Cole called out for her son, Ajani Campbell, who was in the home, and Campbell brought his firearm to defend Cole. Eagan fired his gun at Campbell, and Campbell fired back, hitting McDougal, who died from his wounds. In 2010, Eagan was charged with murder (§ 187, subd. (a); count 1), attempted home invasion robbery (§§ 664, 211; count 2),

Undesignated statutory references are to the Penal Code. We provide factual context from the prior appellate opinion affirming Eagan’s convictions on direct appeal. (See People v. Eagan (Dec. 30, 2013,…