People v. Potts CA5

Good Law
Court of Appeal of CaliforniaMarch 1, 2024F085945California11,080 words

Opinion

Opinion

INTRODUCTION

Petitioner James Edward Potts petitioned the trial court, pursuant to former section 1170.95 (now § 1172.6) of the Penal Code,1 for resentencing on his conviction for first degree murder (§ 187, subd. (a)). (People v. Potts (Oct. 19, 2022, F081141) [nonpub. opn.] (Potts).) The court conducted an evidentiary hearing (§ 1172.6, subd. (d)(3)) and denied the petition on the grounds petitioner was a major participant in the underlying felony who acted with reckless indifference to human life. On appeal, petitioner contends substantial evidence does not support the trial court’s findings. We affirm.

FACTUAL BACKGROUND

Our factual summary is derived from evidence received in petitioner’s trial, which was considered by the trial court when denying petitioner’s section 1172.6 petition for resentencing.

I. The Crime Scene and Investigation

On February 5, 1998, Byron Jennings did not arrive for a planned dinner with his long-time neighbor, Roger B.2 The next morning, Roger attempted to call Jennings several times but received no response. Around noon, Roger went to Jennings’s house.3 He saw a newspaper in the driveway that had not been picked up and the door to

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