People v. Pereles CA6

I. INTRODUCTION

In 1997, a jury convicted defendant Eddy Jay Pereles of first degree murder (Pen. Code, § 187),1 conspiracy to commit robbery (§ 182, subd. (a)(1)), and second degree robbery (§§ 211, 212.5, subd. (b)). The jury found true the special circumstance allegation that defendant committed the murder during a robbery (§ 190.2, subd. (a)(17)), and the allegation that a principal was armed with a firearm (§ 12022, subd. (d)) during the commission of the murder and the robbery. The superior court sentenced defendant to life without the possibility of parole, with a consecutive two-year term for the arming enhancement associated with the murder count. In 2000, this court ordered a restitution fine stricken and affirmed the judgment in case No. H018342.

1 All further statutory references are to the Penal Code unless otherwise indicated. 2 This court took judicial notice of the opinion in case No. H018342 by separate order. (See Evid. Code, § 452.) Defendant subsequently filed a petition for writ of habeas corpus, contending that there was insufficient evidence to support the felony-murder special circumstance finding under People v. Banks (2015) 61 Cal.4th 788…