P. v. Tucker CA4/2
In 2013, this court affirmed defendant and appellant Ricco Tucker’s conviction of first degree felony murder for his participation in an armed robbery of a gold dealer that resulted in the dealer’s murder, and we affirmed his state prison sentence of 10 years, plus 25 years to life. In 2019, defendant petitioned the superior court to vacate his murder conviction pursuant to Penal Code section 1170.95, a resentencing statute enacted as part of Senate Bill No. 1437 (2017-2018 Reg. Sess.). The superior court initially denied the petition but later vacated its order and determined that defendant had made a prima facie showing of eligibility. At the evidentiary hearing held on February 19, 2021, defendant conceded he was a major participant, and the superior court found that he acted with reckless indifference to human life. Defendant’s petition was denied.
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