People v. Branson CA5

INTRODUCTION

In 2007, appellant and defendant James Wilson Branson (defendant) was convicted after a jury trial of first degree murder with an enhancement for the personal and intentional discharge of a firearm that proximately caused death. He was sentenced to 50 years to life, and the judgment was affirmed on direct appeal. In 2022, defendant filed a petition for resentencing pursuant to Penal Code1 section 1172.6. In 2023, after appointing counsel and conducting a hearing, the trial court denied the petition and found defendant was ineligible for resentencing because he was the actual killer. On appeal, defendant argues the trial court’s denial of his petition was erroneous because the record of conviction from his trial was not before the court, and the court improperly relied on the prosecutor’s averments to make a factual finding that he was convicted as the actual killer. As we will explain, we take judicial notice of our own records from defendant’s direct appeal, which include the entirety of the instructions given to the jury. We find that any errors committed by the court when it made the prima facie finding are not prejudicial because defendant was ineligible for…