People v. Troxell CA5

INTRODUCTION

Petitioner Dann O. Troxell petitioned the superior court, pursuant to former section 1170.95 (now § 1172.6) of the Penal Code,1 for resentencing on his conviction for first degree murder (§ 187, subd. (a)). The court conducted an evidentiary hearing and found, beyond a reasonable doubt, that petitioner was the actual killer based on petitioner’s admissions during his plea colloquy. On appeal, petitioner contends substantial evidence does not support the trial court’s finding that he was the actual killer because his admissions during the plea colloquy established at most that he proximately caused the victim’s death, but not that he was the “direct cause of [the victim’s] death.” (Underlining omitted.) We reject petitioner’s contentions and affirm.

PROCEDURAL HISTORY2

On June 15, 1979, the Fresno County District Attorney filed a first amended information, charging petitioner with the murder of Hatin Bitar (§ 187; count one) on January 26, 1979, and the robbery of Frank H.3 (§ 211; count two) on January 25, 1979. The information further alleged petitioner had suffered a prior prison term within the meaning of section 667.5, former subdivision (b). On June 15, 1979,…