People v. Andrews CA5

INTRODUCTION

Appellant and defendant Jason Wesley Andrews (Andrews), and codefendants Susan Lee Russo (Susan) and Bobby Leon Morris (Morris), were jointly charged with count 1, first degree murder with two special circumstances, and count 2, conspiracy to commit murder, for the murder of Susan’s husband, David Russo (David). After a joint jury trial, Susan was convicted of count 1, first degree murder with two special circumstances; count 2, conspiracy to commit murder; and count 3, solicitation of another person to murder Morris; she was sentenced to life in prison without possibility of parole for murder, plus 25 years to life for conspiracy. The jury was unable to reach verdicts for any of the charges against Andrews. Prior to retrial, he pleaded no contest to count 1, first degree murder, in exchange for the dismissed of the special circumstances and other charges and was sentenced to 25 years to life. Codefendant Morris entered into the same plea agreement and was also sentenced to 25 years to life. In 2022, Andrews filed a petition in the superior court for resentencing pursuant to Penal Code section 1172.61 and alleged he was convicted of first degree murder under the…