People v. Coles CA4/2

BACKGROUND

1. The circumstances leading to defendant’s conviction

The background leading up to defendant’s petition for resentencing is taken from

the charging documents in the clerk’s transcript and our opinion issued in defendant’s

appeal from the judgment. (People v. Coles (Oct. 15, 2014, E057946) [nonpub. opn.].)

In 2011, defendant and his wife got into an argument that escalated into physical

violence. When defendant’s brother-in-law (the victim) learned of the incident, he went

to defendant’s house intending to spend the night with his sister and her two children.

Later that day, defendant returned home and got into another argument with his wife.

When the victim came to her defense, defendant stabbed him repeatedly, inflicting mortal

wounds.

The People charged defendant with willful unlawful murder committed with

deliberation, premeditation, and malice aforethought. A jury convicted him of second

degree murder in violation of section 187, subdivision (a).

Defendant appealed his conviction to this court and we affirmed. (People v.

Coles, supra, E057946.)

All further statutory references are to the Penal Code.

2 2. Defendant’s petition for…