People v. Faulalo CA3

FACTS AND HISTORY OF THE PROCEEDINGS

We have granted defendant’s motion for judicial notice of our prior decision in his direct appeal. (Evid. Code, § 452, subd. (d).) On March 10, 2004, defendant participated in a home invasion robbery with three others. (People v. Faulalo (Nov. 17, 2008, C055080) [nonpub. opn.] (Faulalo).) During the robbery, one of the assailants shot and killed Danny Johnson. (Ibid.) The jury convicted defendant of first degree murder and robbery along with finding true several sentence enhancement allegations, including the special circumstance that the murder was committed in the commission of a robbery under section 190.2, subdivision (a)(17). Defendant was sentenced to life without the possibility of parole plus 10 years for a firearm enhancement. Defendant appealed his convictions and we modified a fee imposed but otherwise affirmed the judgment. (Faulalo, supra, C055080.) On April 26, 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 felony murder or murder under the natural and…