P. v. Dennis CA4/3
In 1994, Ralph Erving Dennis was convicted, along with a codefendant, of two counts of first degree murder. According to this court’s unpublished opinion which affirmed the convictions on appeal, the murders took place during the burglary and robbery of a home believed by the robbers to contain drugs and cash. The amended information filed against Dennis and his codefendant drew no distinction between their individual levels of culpability, alleging that each had committed two counts of first degree murder and describing both as a principal who was “vicariously armed with a firearm, and knew that another principal was personally armed” during the commission of the murders. At trial, the prosecutor made no attempt to prove the identity of the actual killer.
Dennis filed a petition pursuant to Penal Code section 1170.95, seeking to have his first degree murder convictions vacated and to be resentenced.
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