People v. Tanner CA3

BACKGROUND

In 1992, Tanner pled guilty to two counts of second degree murder arising from two separate incidents. The trial court sentenced him to two concurrent 15-year-to-life terms. (People v. Tanner (Feb. 19, 2021, C089864) [nonpub. opn.].) The record does not include the charging documents or transcript of the original plea hearing. However, the trial court described the two incidents as follows: “As to Count 1, on Sept. 9, 1990, [Tanner] was the driver of a vehicle which was ‘chasing’ the victims’ vehicle. Three individuals were in [Tanner’s] car. As [Tanner] drove, two of his passengers fired rifles or shotguns at the victims’ car killing Mary O’Reilly by a gunshot wound to her head. “As to Count 2, on Sept. 25, 1990, [Tanner] was a passenger in a vehicle with three others. This vehicle passed a Seven-Eleven where victim Dwayne Murphy was seated in his vehicle. [Tanner’s] vehicle then drove behind this convenience mart whereupon [Tanner] and another exited the vehicle. [Tanner] and the other person were armed with handguns and rifles. [Tanner] and the other then proceeded to fire these weapons, striking victim Murphy in the chest and back. Of note, the factual basis also…