People v. Endicott CA4/2

I.

INTRODUCTION

Defendant and appellant Leon Endicot appeals from the trial court’s postjudgment

order denying his Penal Code1 section 1172.6 petition for resentencing of his first degree

felony murder (§ 187, subd. (a)) conviction following an evidentiary hearing. Defendant

argues there is insufficient evidence to support the trial court’s finding that defendant was

a major participant who acted with reckless indifference to human life during the course

of a burglary. We disagree and affirm the trial court’s order.

II.

FACTUAL AND PROCEDURAL BACKGROUND

A. Factual Background2

Early in the morning on December 2, 1983, a police officer stopped defendant and

his brother codefendant Anthony Endicott3 as they were driving very slowly through a

neighborhood in Sun City. The day previously a residence in Sun City had been

burglarized and various items were taken, including brass candlesticks, silverware, a

1 All future statutory references are to the Penal Code.

2 The factual background is taken from the reporter’s transcript from his direct appeal, case No. E001931, which is contained in Exhibit No. 1, and will be denoted as “RT” “1RT” and “1CT” will refer to the…