P. v. Conley CA2/5
A jury found defendant and appellant Ronald Conley (defendant) guilty of first degree murder and several counts of premeditated attempted murder for his participation in a gang-related drive-by shooting. The jury also found true a drive-by shooting special circumstance allegation (Pen. Code, § 190.2, subd. (a)(21)), and the trial court accordingly sentenced defendant to life in prison without the possibility of parole.
Many years after his conviction, defendant petitioned for resentencing under section 1170.95. Without first appointing counsel for defendant, the trial court denied the petition. The court found defendant was ineligible for relief as a matter of law because the jury, in finding the drive-by shooting special circumstance true, necessarily determined defendant harbored express malice in committing the murder.
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