People v. Patterson CA2/5

I. INTRODUCTION

Defendant Trynun Patterson appeals from an order denying his petition for resentencing pursuant to Penal Code section 1170.95.1 We reverse and remand with directions.

II. BACKGROUND

A. Conviction

On May 3, 1999, defendant and three others robbed a jewelry and music store in Long Beach. (People v. Patterson (Sept. 25, 2001, B143582) (Patterson), review granted and opn. ordered nonpub. Dec. 19, 2001, S101726.) During the robbery, one of defendant’s accomplices shot and killed the store owner Gary Kim. (Ibid.) Two days later, defendant was arrested for an unrelated crime. (Ibid.) After being interviewed by homicide detectives, defendant confessed to participating in the murder. (Ibid.) On July 15, 1999, the Los Angeles County District Attorney (District Attorney) charged defendant and two codefendants by information with: murder (§ 187, subd. (a); count 1), with a special circumstance allegation that the murder was committed while defendants were engaged in the crime of robbery (§ 190.2, subd. (a)(17)); second degree robbery (§ 211; counts 2, 3); and conspiracy to commit robbery (§ 182, subd. (a)(1); count 6). The District Attorney also alleged that defendant…