People v. Ladelle CA4/1
Opinion
Opinion
FACTS AND PROCEDURAL BACKGROUND
In 2013, a jury convicted Bobby Ladelle of first degree murder (§ 187, subd. (a)). Ladelle was sentenced to an indeterminate term of 25 years to life in prison. Ladelle appealed and this court affirmed the judgment in an unpublished opinion. (People v. Ladelle, D069929 (July 28, 2016).) In 2019, Ladelle filed a petition for resentencing under section 1170.95. The court appointed counsel, received briefing, and held a hearing. After evaluating the evidence, the court found the evidence would support a finding Ladelle was the actual killer, or if convicted as an aider and abettor under the felony murder rule, he was an active participant. The court then concluded Ladelle had not stated a prima facie case for relief and was therefore ineligible for resentencing. The court did not issue an OSC or conduct an evidentiary hearing under section 1170.95. Ladelle filed a timely notice of appeal. The facts of the offense are fully set forth in our prior opinion. Given the respondent’s concession we will not repeat them here. (People v. Ladelle, supra, D069929.)
All further statutory references are to the Penal Code.