People v. Peacock CA2/3

FACTS AND PROCEDURAL BACKGROUND

The charges and jury verdicts In 1988 the People charged Peacock with the murder and attempted robbery of Luis (Ruben) Zepeda. The People alleged Peacock personally used a firearm in the commission of the offenses, and that he murdered Zepeda while engaged in the commission of robbery. Peacock was the sole defendant named in the information. In July 1989 a jury convicted Peacock of the first degree murder and attempted robbery of Zepeda. The jury found true the allegations that Peacock personally used a firearm and that he murdered Zepeda while engaged in the commission or attempted commission of robbery. The trial court sentenced Peacock to life in the state prison without the possibility of parole, plus two years for the firearm enhancement. The court stayed the sentence on the attempted robbery count. Another panel of this court affirmed Peacock’s conviction. (People v. Peacock (Feb. 11, 1992, B045750) [nonpub. opn.].) More than three decades later, on March 30, 2022, Peacock —representing himself—filed a form petition for resentencing under section 117[2.6]. Peacock checked boxes on the form

References to statutes are to the Penal Code.…