People v. Clayborn CA2/7

INTRODUCTION

In 2017, Richard Clayborn pleaded no contest to one count of first degree murder under Penal Code section 187, subdivision (a), and further admitted a criminal street gang special circumstance allegation under section 190.2, subdivision (a)(22).1 He was sentenced to life in prison with no possibility of parole. In 2023, Clayborn filed a petition for resentencing under former section 1170.95, now section 1172.6.2 The superior court summarily denied his petition without appointing counsel or issuing an order to show cause. We reverse and remand for an evidentiary hearing.

FACTUAL AND PROCEDURAL BACKGROUND

A. The Information and the Plea While serving time in prison, Clayborn and seven codefendants were charged with the murder of another inmate, Jonathan Najera, “with malice aforethought” (§ 187, subd. (a)(1); count 1) and conspiracy to commit murder (§ 182, subd. (a)(1); count 2). As to count 1, the information alleged the murder was committed by means of lying in wait (§ 190.2, subd. (a)(15)) and the defendants intentionally killed the victim while they were active participants in a criminal street gang (§ 190.2, subd. (a)(22)). As to both counts, the People…