People v. Carson CA5

INTRODUCTION

In 1989, a jury convicted petitioner Derrick Carson of first degree murder (Pen. Code,1 § 187, subd. (a)), with the special circumstances the murder was committed during the commission or attempted commission of a robbery and burglary (§ 190.2, former subd. (a)(17)(i), (a)(17)(vii)). (People v. Carson (July 26, 1991, F013403) [nonpub. opn.] (Carson).) Petitioner was sentenced to a term of life without the possibility of parole. In 2020, petitioner filed a petition for resentencing on his murder conviction pursuant to section 1170.95. The court summarily denied the petition at the prima facie stage on the ground the special circumstance findings established he was ineligible for resentencing as a matter of law. On appeal, petitioner contends the trial court erred in failing to appoint counsel to represent petitioner and engaged in improper factfinding at the prima facie stage. Petitioner further contends these errors were not harmless because the jury instructions do not establish petitioner is ineligible for resentencing as a matter of law. Specifically, he contends the instructions permitted the jury to convict him of first degree murder under a felony murder theory…