Opinion
S282048
09-25-2024
Order to show cause issued; returnable in Court of Appeal, Fourth Appellate District, Division Two
The request for judicial notice is granted.
The Secretary of the Department of Corrections and Rehabilitation is ordered to show cause, returnable before the Court of Appeal, Fourth Appellate District, Division Two, why petitioner is not entitled to relief based on his claim that trial and appellate counsel rendered ineffective assistance by failing to argue that the jury instructions erroneously allowed the jury to find the drive-by shooting special circumstance true based either on an intent to kill or a reckless disregard for human life. The return must be served and filed on or before October 25, 2024.
Votes: Guerrero, C. J., Corrigan, Liu, Kruger, Groban, Jenkins, and Evans, JJ.