People v. Calvillo CA4/1

DISCUSSION

Calvillo challenges the superior court’s denial of his petition on two separate grounds. He first contends the court erred in failing to grant a continuance of the hearing, which he asserts was necessary to afford him adequate notice and time to prepare. Substantively, he argues there was insufficient evidence to support a conclusion that he acted with either express or implied malice in aiding and abetting Pacheco’s killing of the victim.

A. Where his attorney expressly agreed to proceed with the hearing, Calvillo cannot argue on appeal that he lacked adequate notice and time to prepare.

The court viewed Delgado and Calvillo as similarly situated defendants in that both were prosecuted as aiders and abettors of the direct perpetrator and actual shooter, codefendant Pacheco. Before the hearing, the prosecution stipulated that Delgado’s petition stated a prima facie claim for relief, entitling him to an evidentiary hearing. Believing that the two defendants were similarly situated as to the basis for their respective petitions, the court found that Calvillo also stated a prima facie claim. As a result, it announced its intention to conduct a joint evidentiary…