People v. Dixon CA2/7

INTRODUCTION

Anthony Dixon, Jr. appeals from the superior court’s order denying his petition for resentencing under Penal Code section 1170.951 (now section 1172.6). In 2016 a jury convicted him on one count of second degree murder and three counts of attempted willful, deliberate, and premeditated murder. The trial court sentenced him to an aggregate prison term of 140 years to life. Dixon appealed, and we reversed the judgment and directed the trial court to conduct a new trial. On remand, pursuant to a negotiated disposition, Dixon pleaded no contest to voluntary manslaughter, and the trial court sentenced him to a prison term of 22 years. In 2022 Dixon filed a petition under section 1172.6, which the superior court summarily denied. Dixon argues the court erred in finding he failed to make a prima facie case for relief. Because Dixon is ineligible for relief as a matter of law, we affirm.

FACTUAL AND PROCEDURAL BACKGROUND

A. A Jury Convicts Dixon on One Count of Second Degree Murder and Three Counts of Attempted Murder, Dixon Appeals, and We Reverse One evening in May 2014 Dixon, who called himself a “general” of a criminal street gang, drove a fellow gang member and an…