P. v. Cartwright CA1/3
Donald Ray Cartwright appeals from an order denying his petition to vacate his murder conviction and to be resentenced pursuant to Penal Code section 1170.95.
In 1986, the People filed an information charging appellant and a codefendant with murder (§ 187). As to appellant only, the People alleged that he personally used a firearm during the offense (§ 12022.5). As to defendant’s codefendant, the People alleged that he was armed, or that a principal was armed, with a firearm (§ 12022, subd. (a)). The facts underlying the crime are set out in our prior appellate opinion. (People v. Cartwright (June 26, 1989, A039585) [nonpub. opn.].) Briefly, the facts are as follows. One evening in May 1986, a white car and a brown car pulled up to a bus stop.
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