People v. Waller CA4/2

BACKGROUND

In 2005 a jury convicted Waller of two counts of attempted murder (§§ 187,

subd. (a), 664), two counts of assault with a firearm (§ 245, subd. (a)(2)), first degree

burglary (§ 459) and carjacking (§ 215, subd. (a)).2 The jury also found that Waller

personally used and discharged a firearm causing great bodily injury as to one of the

attempted murders (§§ 12022.53, subd. (d), 12022.5, subd. (a)), and that he personally

used a firearm in the commission of the other attempted murder. (§§ 12022.53, subd. (b),

12022.5, subd. (a).) The jury found that Waller committed the attempted murders

willfully, deliberately, and with premeditation.

1 Unlabeled statutory citations refer to the Penal Code.

2 Waller objects to the use of either the preliminary hearing transcript or our own decision on direct appeal from judgment. One of his main arguments on appeal is that the trial court erred when it relied on certain facts stated in them. Because, as shown below, Waller is ineligible for relief simply based on the jury instructions and verdict, we will not address the facts of the underlying crime.

2 In 2022, Waller filed a petition for resentencing under former section…