People v. Scott CA3

FACTS AND HISTORY OF THE PROCEEDINGS

The facts underlying defendant’s conviction are not relevant to the issue on appeal and are therefore not set forth. In May 2016, a jury found defendant and his codefendant guilty of second degree murder (§ 187, subd. (a)) and assault of a child under the age eight, causing death (§ 273ab). The trial court sentenced defendant to a term of 25 years to life for assault on a child causing death and imposed and stayed a sentence of 15 years to life on the murder conviction. On July 12, 2019, defendant filed a petition for resentencing under section 1172.6. The trial court found defendant made a prima facie showing, issued an order to show cause, set the matter for hearing and appointed counsel. The People filed a resentencing brief arguing, among other things, that section 1172.6 violated the People’s right to a jury trial under the California Constitution. Defendant responded that a section 1172.6 hearing is a special proceeding to which a jury trial right does not attach. The trial court denied the petition, finding “section 1172.6 is unconstitutional by depriving the People of their right to a jury determination of the facts at what is for all…