People v. Woods CA2/5

I. INTRODUCTION

Defendant Cedric Woods appeals from an order denying his resentencing petition under Penal Code section 1172.61, arguing that the trial court erred by refusing to consider testimony presented at the evidentiary hearing and denying the petition based only on the jury’s findings in the underlying trial. We reverse and remand with directions.

II. BACKGROUND2

On August 16, 1997, the murder victim, 12-year-old D.W. (the victim), and 16-year-old M.H. (the attempted-murder victim) were sitting in Kennedy Park in Pomona with W.I. and another companion. The attempted-murder victim saw a large four-door maroon car in “‘bad shape’” emerge from a nearby housing area. The front passenger made a gang sign for the Westside Mafia. The car then turned around, entered the park, and stopped in a parking lot. When four men exited the car, the attempted- murder victim told the victim to get on his bicycle and leave. The

All statutory references are to the Penal Code unless otherwise stated. Defendant filed his petition pursuant to former section 1170.95 which the Legislature renumbered, with no change in text, as section 1172.6 effective June 30, 2022. (Stats. 2022, ch.…