People v. Blackmon CA5

INTRODUCTION

In 2007, appellant Ted Blackmon was convicted after a jury trial of the first degree premeditated murder of Damon Moore, with the special circumstance that the murder was intentional, committed while he was an active participant in a criminal street gang, and it was carried out to further the activities of the gang. He was also convicted of the attempted premeditated murder of Kathy Crump. The prosecution’s theory was that Blackmon intentionally killed Moore because the victim happened to be wearing a shirt in the color claimed by a rival gang. Blackmon was sentenced to life in prison without the possibility of parole. In 2019, Blackmon filed a petition for resentencing pursuant to Penal Code1 section 1170.95 and asserted that he was convicted of murder and attempted murder based on the felony-murder rule and/or the natural and probable consequences doctrine, he was not the actual killer because there was evidence that someone else could have been the gunman, and his conviction must be reversed because of the amendments to section 188 and 189. The superior court denied the petition. On appeal, Blackmon’s appellate counsel has filed a brief which summarizes the facts…