People v. Harris CA2/7

INTRODUCTION

Dwayne Moore and Caleb James Harris appeal from the denial of their separate petitions for resentencing under Penal Code section 1172.6.1 After appointing counsel and reviewing the parties’ briefing, the superior court denied Moore’s petition at the prima facie stage without issuing an order to show cause because it concluded the record of conviction established Moore was the actual killer. Moore contends the record of conviction does not establish he was ineligible for relief as a matter of law, and the superior court engaged in improper judicial factfinding. We affirm the denial of Moore’s section 1172.6 petition. A different panel of this court previously reversed the superior court’s denial of Harris’s section 1172.6 petition at the prima facie stage and remanded for an evidentiary hearing. After holding the evidentiary hearing, the superior court denied Harris’s petition for resentencing. The court found the People met their burden to prove beyond a reasonable doubt Harris was guilty of murder under current law. Harris contends the superior court prejudicially erred when it excluded newly available

All further statutory references are to the Penal Code…