People v. Connor CA2/2

Filed 3/6/25 P. v. Connor CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE, B339273

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA209131-1) v.

EDDIE BOYD CONNOR,

Defendant and Appellant.

THE COURT: Following a jury trial Eddie Connor was convicted of first degree murder of Donald Randall (Pen. Code, § 187, subd. (a))1 with the use of a firearm (former § 12022.5, subd. (a)(1)) and the discharge of a firearm proximately causing death (former § 12022.53, subd. (d)), of arson of property (§ 451, subd. (d)), and of torture (§ 206) with the use of a firearm (former § 12022.5, subd. (a)(1)). The jury found true a torture-murder special circumstance. (§ 190.2, subd. (a)(18).) The trial court sentenced Connor to life in prison without parole, enhanced by a term of

1 All statutory citations are to the Penal Code.

25 years to life for the discharge of a firearm proximately causing death, plus a term of eight months for arson.2 This court affirmed Connor’s conviction and prison sentence.3 Thereafter, Connor filed at least six habeas corpus petitions, each of which was denied. On January 2, 2024, Connor filed a petition for resentencing under section 1172.6, alleging his conviction was based on insufficient theories of robbery and torture-murder. On February 16, 2024, the trial court appointed counsel to represent Connor. After defense counsel appeared and the prosecution filed written opposition to Connor’s petition, the court denied the petition on the ground Connor had been tried and convicted “as the sole and actual perpetrator who shot and killed the victim,” and was therefore ineligible for relief under section 1172.6. Connor filed a timely notice of appeal. Connor’s appellate counsel filed a brief under the authority of People v. Delgadillo (2022) 14 Cal.5th 216, raising no appealable issues. Thereafter, Connor timely filed a supplemental brief addressing, inter alia, the sufficiency of evidence that he tortured Randall and whether a confession introduced in evidence at trial was voluntary, and requesting “a new trial free of inadmissible evidence and [u]nauthorized inflammatory theories by the state prosecutor.” We need not address these issues. The record shows they were previously raised and decided against Connor on direct appeal and in at least one of his unsuccessful habeas corpus petitions.