F085761
Cal. Ct. App.Jan 31, 2024Background
- In 2015, Deshawn Marques Roberts was convicted by jury of premeditated attempted murder and related crimes, based on evidence that he drove a vehicle involved in a gang-related drive-by shooting while another individual fired shots.
- He was sentenced to life with the possibility of parole, plus 25 years to life for a firearm enhancement, and his conviction was affirmed on direct appeal.
- In 2022, Roberts filed a petition for resentencing under Penal Code §1170.95 (now §1172.6), arguing he could not be convicted under recent amendments to the murder statutes, which changed requirements for aiding and abetting liability.
- The trial court found a prima facie showing, issued an order to show cause, held an evidentiary hearing, and ultimately denied relief after finding Roberts could still be convicted of premeditated attempted murder beyond a reasonable doubt under current law.
- Roberts appealed, and his appointed counsel filed a Wende brief (raising no issues), while Roberts himself submitted arguments challenging the sufficiency of the evidence and his sentence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Eligibility for resentencing under amended §§ 188/189 | Conviction based on direct intent to kill; ineligible | Conviction could rest on imputed malice, not direct intent | Substantial evidence supported intent to kill; ineligible |
| Sufficiency of trial evidence / factual findings | Not directly addressed in this appeal | Challenges factual findings and sufficiency of evidence | Not cognizable in §1172.6 appeal; prior findings final |
| Trial court's refusal to dismiss firearm enhancement | Enhancement appropriate based on facts and role | Claims court abused discretion, minimal role in crime | Prior appellate decision found no abuse of discretion |
| Eligibility under other resentencing statutes (§1170(d)) | Not addressed | Sought review for resentencing under §1170(d) | Not eligible; sentenced to life with parole, not LWOP |
Key Cases Cited
- People v. Delgadillo, 14 Cal.5th 216 (Cal. 2022) (addressing procedures and standards for Wende briefs in postconviction appeals)
- People v. Wende, 25 Cal.3d 436 (Cal. 1979) (establishing procedure for independent appellate review when counsel raises no issues)