People v. Weathers CA5
Opinion
Opinion
INTRODUCTION
In 1992, a jury convicted appellant Winona Marie Weathers of several offenses, including first degree murder (Pen. Code,1 § 187), with a robbery-murder special circumstance (§ 190.2, subd. (a)(17)). She was sentenced to a prison term of life without the possibility of parole. Following the passage of Senate Bill No. 1437 (2017-2018 Reg. Sess.) (Senate Bill No. 1437), Weathers filed a section 1170.95 petition for resentencing. The Fresno County Superior Court denied Weathers’s petition without appointing counsel or requesting additional briefing. On appeal, Weathers argues the trial court erred by: (1) failing to appoint counsel to represent her on the petition, (2) relying upon the record of conviction to deny her petition, and (3) finding her ineligible for resentencing as a matter of law based upon the special circumstance finding. We affirm.
PROCEDURAL HISTORY
On December 4, 1992, a jury convicted Weathers of the first degree murder of William McClelland (§ 187, count 1), the robbery of William McClelland (§§ 211/212.5, subd. (b), count 2), and assault with a firearm on Michael Allen (§ 245, subd. (a)(2), count 4). In addition, the jury found true enhancements…