People v. Holmes CA3

FACTS AND HISTORY OF THE PROCEEDINGS

On our own motion, we take judicial notice of the opinion deciding defendant’s direct appeal to provide basic factual context. (Evid. Code, § 452, subd. (d).) Over the course of two weeks in 2005, defendant, along with codefendants Joseph Terrell Johnson and Corey Schroeder, “robbed or attempted to rob at least five gas stations in the Sacramento area.” (People v. Johnson et al. (2010) 183 Cal.App.4th 253, 261.) In one of the attempts, Johnson shot and killed the victim, a gas station employee. (Id. at pp. 267- 269.) A jury found defendant guilty of murder (§ 187, subd. (a)), attempted robbery (§§ 211, 664), and found true an allegation that the murder occurred in the commission of the attempted robbery (§ 190.2, subd. (a)(17)). The jury also found defendant guilty of three other counts of robbery and one count of attempted robbery, and found true firearm enhancement allegations as to all counts (§ 12022, subd. (a)(1)). On appeal, we affirmed the convictions, modified defendant’s custody credits, and corrected the abstract of judgment. (Johnson et al., at p. 301.)

In 2019, defendant filed a petition for resentencing pursuant to former section…