People v. Weeden CA3

BACKGROUND

A detailed recitation of the underlying facts is set forth in this court’s prior opinion in People v. Melonson (May 15, 2013, C061352 & C061800) [nonpub opn.] (Melonson). In 2005, defendant struck up a conversation with Nanvil Chand and later arranged to meet him. Defendant was 14 years old at the time and mentioned to a friend that she would rob Chand and his friends. During the scheduled meeting, Sirtice Melonson and another man shot Chand and his friend. Chand died and his friend was injured. Defendant and Melonson were charged with murder, attempted murder, and attempted second degree robbery. (§§ 187, subd. (a), 664/187, subd. (a), 664/211.) A jury found defendant guilty of first degree murder and attempted second degree robbery. The jury also found true that defendant was armed. (§ 12022, subd. (a)(1).) The trial court sentenced defendant to an aggregate term of 25 years to life in prison plus four years. This court affirmed the judgment. (Melonson, supra, C061352 & C061800.) The Ninth Circuit subsequently granted defendant’s petition for federal habeas corpus relief based on ineffective assistance of trial counsel. (Weeden v. Johnson (9th Cir. 2017) 854 F.3d…