People v. Hayes CA2/3

FACTS AND PROCEDURAL BACKGROUND

1. Hayes’s conviction and sentence, his petitions for resentencing, the trial court’s ruling, and the first appeal Our 2021 opinion in People v. Hayes (July 23, 2021, B302258) [nonpub. opn.] (Hayes II) sets forth much of the procedural history in this case. In 1981, the People charged Hayes—along with Daniel Lee George and Randall Eugene Ellis —with the robbery and murder of David Ainsley Smith. The People alleged Hayes committed the murder for financial gain, and all three defendants committed the murder while engaged in the commission of robbery. The People also alleged that a principal was armed with a firearm in the commission of the crimes, and that Hayes personally used a firearm. On the robbery count, the People alleged Hayes personally inflicted great bodily injury on the victim. In January 1983, a jury convicted Hayes of first degree murder and robbery, and found the special circumstance allegations true. The jury also found true the allegation that a principal was armed with a firearm. However, the jury was unable to reach a verdict on the allegations that Hayes personally used a firearm and inflicted great bodily injury on the…