People v. Alley CA5
Opinion
Opinion
INTRODUCTION
In 2008, appellant Rodger Dale Alley Jr. was convicted after a jury trial of first degree murder and sentenced to 25 years to life plus two years for prior prison term enhancements. His conviction and sentence were affirmed on direct appeal. In 2021, Alley filed a petition for resentencing pursuant to Penal Code1 section 1170.95, and asserted he was not the actual killer, he was convicted under the felony- murder rule and/or the natural and probable consequences doctrine, and he could not be now convicted of first or second degree murder because of the amendments to sections 188 and 189. The court denied the petition and found he was ineligible for relief. On appeal, Alley argues the matter must be remanded because the court failed to appoint counsel, allow for briefing, or conduct a hearing to fully develop the record and determine whether he made a prima facie case for relief, as required by section 1170.95. We find the court’s statutory errors were not prejudicial and affirm.
FACTS2
At 7:15 a.m. on Sunday, June 11, 2006, an officer from the California Highway Patrol responded to a dispatch about a vehicle blocking the road. He discovered a blue