P. v. Joyner CA3
This appeal arises from the trial court’s denial of defendant Sean Joyner’s petition for resentencing under Penal Code section 1170.95. To facilitate our review, we will summarize the relevant background facts from our opinion in defendant’s previous appeal from the underlying conviction. (People v. Joyner (Oct. 25, 2013, C071202) [nonpub. opn.].)
Defendant and codefendant Nicholas Newsome, both of whom were gang members, confronted the victim, a rival gang member, outside of a nightclub. The victim turned around and someone shot and killed him. Defendant later texted several incriminating messages to the mother of his son, although he would not tell her whether he was the shooter. (People v. Joyner, supra, C071202 at pp. 1-2.)
At trial, the jury was instructed on theories of direct aiding and abetting, murder with malice aforethought, and voluntary manslaughter. The jury did not receive any instructions on felony murder or the natural and probable consequences doctrine.
The jury
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