People v. Crenshaw CA2/4, B335405

Robert Odell Crenshaw was convicted of multiple violent crimes (robbery and murder of Timothy Ellerson; attempted murder of Dwayne Haley; robbery and murders of Tracy Bolton and Derrick Turner) that occurred in 1989 and 1990.
In all crimes, Crenshaw acted either as the direct shooter or as a coordinated participant with Richard Whitehurst, Jr., based on extensive eyewitness testimony and forensic connections (ballistics linked Crenshaw to the shootings).
Crenshaw filed a resentencing petition under Penal Code § 1172.6 (formerly § 1170.95), invoking changes that limit felony murder liability to actual killers, those with intent to kill, or major participants acting with reckless disregard for human life.
The trial court denied the petition after an evidentiary hearing, finding Crenshaw was ineligible for relief because he was either the actual perpetrator or a major, reckless participant in all crimes at issue.
The Court of Appeal reviewed this denial, focusing on whether substantial evidence supported the trial court's findings, particularly regarding Crenshaw's role in the Ellerson murder.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Was Crenshaw eligible for resentencing under § 1172.6 for the Ellerson murder?	Crenshaw was a major participant with reckless indifference, planning and coordinating the crime.	There was no substantial evidence he was a major participant or acted recklessly; his involvement in Ellerson’s death was speculative.	Substantial evidence supports Crenshaw’s ineligibility for resentencing; affirmed.
Was Crenshaw the actual perpetrator in the Bolton and Turner murders?	Direct evidence (Lester’s testimony, forensic evidence) shows Crenshaw shot the victims.	Lester was an accomplice and not credible; Crenshaw denied involvement.	Trial court’s finding that Crenshaw was the actual shooter is supported and stands.
Was Crenshaw the actual perpetrator in the attempted murder of Haley?	Consistent eyewitness identification and ballistics linked Crenshaw to the shooting.	Crenshaw denied presence/involvement; argued no credible link.	Finding that Crenshaw was the shooter is supported and stands.
Did Crenshaw act with reckless disregard for human life in the Ellerson-related crimes?	Crenshaw actively coordinated violent acts and used deadly force in concert with others.	No evidence of planning or knowledge, or that he could have prevented Ellerson’s death.	Record supports reckless indifference based on Crenshaw’s actions and coordination.

People v. Banks, 61 Cal.4th 788 (Cal. 2015) (sets out factors to determine 'major participant' in felony murder)
People v. Clark, 63 Cal.4th 522 (Cal. 2016) (outlines factors for 'reckless indifference to human life' in felony murder)
People v. Clements, 75 Cal.App.5th 276 (Cal. Ct. App. 2022) (confirms standard and process for § 1172.6 evidentiary hearings)
People v. Zamudio, 43 Cal.4th 327 (Cal. 2008) (appellate review standard for substantial evidence)