People v. Lauer CA2/5

I. INTRODUCTION

A jury found defendant Jamie Lauer guilty of, among other crimes, murder and attempted murder, and the trial court sentenced him to life without the possibility of parole. Those convictions were upheld on direct appeal and in a subsequent habeas proceeding. Defendant appeals from the trial court’s denial of his postjudgment petition for resentencing under Penal Code section 1170.95.1 We reverse and remand the matter for further proceedings consistent with this opinion.

II. FACTUAL BACKGROUND2

Defendant and codefendants John Butterfield, Jr., Timothy Walder, and Larry Boone were convicted of crimes that “arose out of an evening-long crime spree on the night of May 22–23, 1981. [Defendants] were guests at the apartment of Kathleen Williamson and Cassandra Craft. About 10 p.m., Boone announced that he knew how to make some money and would show everyone how. Boone and [defendants] left the apartment and proceeded to the hotel room of [attempted murder victim] Robert Kimberly, an acquaintance of Butterfield. Kimberly

All further statutory references are to the Penal Code.

The facts are taken from the unpublished opinion in the postjudgment writ…