People v. Carter CA3

BACKGROUND

In 2014, Carter pled guilty to a first degree murder (§ 187, subd. (a)(1)) that was committed willfully and with premeditation and deliberation. Carter also admitted that the murder was committed while he was engaged in, or was an accomplice in, the commission of or attempted commission of a burglary. (§ 190.2, subd. (a)(17)(G).) Carter offered the transcript of his preliminary hearing as the factual basis for the plea. The trial court sentenced him to life without the possibility of parole. The abstract of judgment indicates that Carter was sentenced pursuant to section 667, subdivisions (b) through (i), or section 1170.12. In 2023, Carter petitioned for resentencing under section 1172.6, claiming that he could not presently be convicted of murder due to recent legislative changes to murder liability. At the prima facie hearing, counsel for Carter stated that, after having reviewed the record, he did not believe Carter was eligible for relief under section 1172.6. The trial court ultimately denied Carter’s petition at the prima facie stage: “Mr. Carter’s petition is contradicted by the record of conviction in this case. The factual basis for his plea was the…