People v. Hooker CA3

BACKGROUND

In 2014, a jury found defendant guilty of first degree murder (§ 187, subd. (a)) and attempted robbery (§§ 664, 211). The jury also found true a felony-murder special circumstance allegation (§ 190.2, subd. (a)(17)). (People v. Garcia et al. (March 27, 2018, C077082) [nonpub. opn.].)2 The trial court sentenced defendant to life in prison without the possibility of parole. This court’s opinion on direct appeal summarized the evidence introduced at trial. In short, defendant and three codefendants attempted to rob the victim, a marijuana dealer. The victim was shot and killed in the attempt. This court affirmed defendant’s convictions but struck a parole revocation restitution fine. (People v. Garcia, supra,

C077082.)

In February 2019, defendant filed a petition for resentencing under former section 1170.95. The petition alleged a complaint was filed against him that allowed the prosecution to proceed under a theory of felony murder or murder under the natural and probable consequences doctrine, that at trial he was convicted of first or second degree murder pursuant to the felony-murder rule or the natural and probable consequences doctrine, and that he could not now…