People v. Ellis CA3

FACTS AND HISTORY OF THE PROCEEDINGS

Defendant participated in a home invasion robbery with three others. (People v. Ellis (Mar. 5, 2008, C054797) [nonpub. opn.] (Ellis).) On our own motion, we take

1 judicial notice of this prior decision. (Evid. Code, § 452, subd. (d).) During the robbery, one of the assailants shot and killed Donald Willis. (Ellis, at p. 3.) The jury convicted defendant of first degree robbery in concert and first degree murder, and found the murder occurred during the commission of a robbery (Pen. Code, § 190.2, subd. (d)). He was sentenced to life without the possibility of parole. (Ellis, at p. 1.)

Defendant appealed, arguing there was insufficient evidence to support the robbery-murder special circumstance. (Ellis, supra, C054797 at p. 1.) We affirmed, finding there was substantial evidence defendant both acted with reckless disregard for human life and was a major participant in the robbery. (Id. at pp. 11, 12.) On February 13, 2019, defendant filed a form petition for resentencing pursuant to section 1170.95. On the form, he checked various boxes stating that a complaint was filed against him that allowed the prosecution to proceed under a theory of…