People v. May CA4/2

FACTS

In 2001, May and his codefendant Terrell Law committed a home invasion

robbery during which one of them shot and killed one of the two victims. Because they

were both wearing ski masks during the robbery, the surviving victim could not identify

which defendant was the shooter. In 2006, May and Law were jointly tried to two

separately empaneled juries.

May’s jury convicted him of first degree felony murder with a robbery-murder

special circumstance; one count of attempted robbery; and two counts of assault with a

firearm. They found true the allegations that a principal was armed with a firearm during

the attempted robbery and that May personally and intentionally used a firearm during

the murder and attempted robbery. The trial court sentenced May to 19 years 4 months in

3 Law also filed a section 1172.6 petition for resentencing, which is the subject of a separate appeal in case no. E072845. 3 prison plus life without the possibility of parole. In 2008, we affirmed May’s conviction

in our unpublished decision, People v. May (Sept. 5, 2008, E041967).

In 2015 and 2016, the California Supreme Court decided Banks and Clark,

respectively, which discuss when…