People v. McMichael CA2/7

INTRODUCTION

Charon Michael McMichael was charged with two counts of murder for the 2007 shooting deaths of two patrons at a motorcycle club. At the preliminary hearing in his case, two witnesses implicated McMichael in the shooting but both witnesses mentioned another person, “Big Kill,” who handed McMichael the murder weapon and disposed of it afterwards. One of these witnesses also testified McMichael told him someone called “Jigger” shot one of the victims. Based on this evidence, McMichael pleaded no contest to two counts of voluntary manslaughter in 2010. In 2023, McMichael petitioned for resentencing under Penal Code section 1172.6.1 McMichael attached an affidavit asserting he was not the sole shooter and disputing the preliminary hearing evidence. The trial court denied McMichael’s petition without issuing an order to show cause, reasoning the preliminary hearing evidence established McMichael was the actual shooter. McMichael appeals, arguing the trial court engaged in impermissible factfinding. We reverse and remand for an evidentiary hearing.

FACTUAL AND PROCEDURAL BACKGROUND

A. Conviction and Sentence In 2010, McMichael was charged with two counts of murder (§…