People v. Carskaddon CA3

BACKGROUND

Based on a shooting spree in two locations, a jury found defendant guilty of the first degree murder of his eldest brother at their mother’s home, premeditated attempted murder of another brother and a lodger in the home, and shooting at that inhabited dwelling, as well as shooting at the inhabited dwelling of his former in-laws and their premeditated attempted murders. (People v. Carskaddon (July 14, 2009, C059839) [nonpub. opn.] (Carskaddon).) The jury also found various gun enhancements true. (Ibid.) He was sentenced to prison for an 80-year determinate term and a consecutive minimum indeterminate life term of 78 years, and we affirmed his convictions on appeal. (Ibid.) On June 4, 2020, defendant filed a pro per petition for resentencing under section 1170.95. He declared that he was convicted of first degree murder and four counts of attempted murder following a jury trial; that the prosecution asserted the theory of felony murder or the natural and probable consequences doctrine to convict him of first degree murder; and that he was eligible for relief because he could not now be convicted of first degree murder due to the retroactive changes made to sections 188…