People v. Brown CA2/4

BACKGROUND

In 1991, an information charged Brown with one count of murder (§ 187, subd. (a)), with the special allegation that he personally used a firearm in the commission of the crime (§ 12022.5, subd. (a)). Brown subsequently pled no contest to one count of voluntary manslaughter (§ 192, subd. (a)). The trial court sentenced Brown to the low term of three years in prison. In 2022, Brown filed a petition for resentencing under section 1172.6. The court appointed counsel for Brown and the parties submitted briefs. The People’s response argued that Brown was not entitled to relief because he was the actual shooter and the sole perpetrator and thus could not have been convicted under the natural and probable consequences doctrine or a felony murder theory. In contesting Brown’s prima facie showing, the People relied on the transcript from Brown’s preliminary hearing to demonstrate why relief was unavailable as a matter of law. In particular, a witness testified at the preliminary hearing that he did not say anything to the police about the incident. However, the investigating detective testified that the witness gave details about the shooting a few weeks after the incident.…