People v. Oliver CA3

I. BACKGROUND

According to our decision in Oliver I, in 2013 defendant’s friend Michael Roessler and the victim Michael Lawrence got into a verbal argument at a bar. After Lawrence left, Roessler contacted defendant, who provided him with a gun. They went to Lawrence’s house where defendant and Lawrence engaged in a physical fight. During the fight, Roessler fired the gun, killing Lawrence and injuring defendant. (Oliver I, supra, C081847.) Defendant was found guilty of first degree premeditated murder (§ 187, subd. (a)—count 1), conspiracy to commit murder (§ 182, subd. (a)(1)—count 2), and assault by means of force likely to produce great bodily injury (§ 245, subd. (a)(1)—count 6). The jury also found true an allegation that a principal in the commission of the murder and conspiracy crimes was armed with a firearm. (§ 12022, subd. (a)(1).) The trial court

section 1172.6 without substantive change effective June 30, 2022. (See Stats. 2022, ch. 58, § 10.) For clarity, we refer to section 1172.6 throughout this opinion. 2 We grant the parties’ requests to take judicial notice of this court’s appellate dockets in Oliver I (case No. C081847) and Oliver II (case No. C090548).

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