People v. Richardson CA6

Filed 9/18/25 P. v. Richardson CA6

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SIXTH APPELLATE DISTRICT

THE PEOPLE, H052871 (Monterey County Plaintiff and Respondent, Super. Ct. No. SC016712A)

v.

PATRICK LAMONT RICHARDSON,

Defendant and Appellant.

In 1992, a jury convicted defendant Patrick Lamont Richardson of first degree felony murder (among other crimes) and found true that Richardson personally used a firearm. The jury also found true three felony murder special circumstances. The trial court sentenced Richardson to life in prison without possibility of parole. In February 2024, Richardson filed a petition for resentencing under Penal Code1 section 1172.6—his third such petition. On October 8, 2024, the trial court denied that petition at the prima facie stage. That same day, Richardson appealed to this court (case No. H052629).

1 All further unspecified statutory references are to the Penal Code.

In November 2024, while Richardson’s appeal in case No. H052629 was pending, Richardson filed another petition under section 1172.6. In that petition, Richardson asserted, inter alia, he is not the actual killer and the trial record does not establish that he is the actual killer. In December 2024, the trial court summarily denied Richardson’s petition. Richardson now appeals that order (case No. H052871). On appeal, Richardson’s appointed appellate counsel filed a brief under People v. Delgadillo (2022) 14 Cal.5th 216 (Delgadillo), and Richardson submitted supplemental briefing. For the reasons explained below, we dismiss this appeal in case No. H052871 as moot, given our decision in case No. H052629 reversing the trial court’s October 8, 2024 order denying Richardson’s third petition and remanding the matter. This dismissal is without prejudice to Richardson asserting at further proceedings in the trial court under section 1172.6 (as ordered in case No. H052629) that he is that he is entitled to relief under that statute. I. PROCEDURAL BACKGROUND2 A. Trial Proceedings In September 1991, the Monterey County District Attorney filed an information charging Richardson and three codefendants (Lester Lamount Polk, Eugene Leonard Ballance, and John Lewis Drayton) with nine offenses committed on or about June 14, 1991: murder (§ 187; count 1), three counts of robbery (§ 212.5; counts 2, 3, & 4), burglary (§ 459; count 5), two counts of assault with a firearm (§ 245, subd. (a)(2); counts 6 & 7), forcible sexual