People v. Mason CA4/1

INTRODUCTION

Michael Baraka Mason appeals an order summarily denying a petition to vacate his convictions for the first degree murder of Timothy Traaen (count 11) and the attempted murder of N.S. (count 12) under Penal Code

section 1172.6.1 He claims the trial court was required to issue an order to show cause and hold an evidentiary hearing to determine his eligibility for relief because he filed a facially sufficient petition and the record of conviction from his underlying trial does not foreclose relief as a matter of law. We agree with Mason that he filed a facially sufficient petition and the record of conviction does not conclusively refute the allegations of the petition with regards to the murder conviction. However, the record of conviction precludes relief, as a matter of law, for the attempted murder conviction. Thus, we reverse the summary denial order and remand the matter to the trial court with instructions: (1) to issue a new order summarily denying the petition as to the attempted murder conviction (count 12), and (2) to issue an order to show cause and conduct further proceedings consistent with section 1172.6, subdivision (d), as to the murder conviction…