P. v. Jackson CA4/1
In 1993, Roy Lee Jackson pled guilty to second degree murder (Pen. Code, § 187, subd. (a)). The court sentenced Jackson to 15 years to life.
Jackson appealed, and we affirmed the judgment in an unpublished opinion, People v. Jackson, D020259 (Nov. 7, 1994) (Jackson I).
In 2019, he filed a petition for resentencing under section 1170.95, which permits a defendant convicted of murder under a felony-murder theory or the natural and probable consequences doctrine to petition for the conviction to be vacated and to be resentenced. (§ 1170.95, subd. (a).) The superior court assigned Jackson an attorney, concluded Jackson had met his prima facie burden, issued an order to show cause (OSC), and ordered an evidentiary hearing. Following the hearing, the court concluded the People had proved beyond a reasonable doubt that Jackson was a major participant in the underlying robbery who acted with reckless indifference to human life. Accordingly, it found Jackson ineligible for relief and denied
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