People v. Lee CA5

INTRODUCTION

Appellant and defendant Jontee Tavare Lee (appellant) was charged with the murder of Cameron Ireland, who was killed by a close contact gunshot wound to the left temporal region of his head. In 2015, after the preliminary hearing, appellant pleaded no contest to voluntary manslaughter (Pen. Code,1 § 192, subd. (a)) and admitted he personally and intentionally discharged a firearm causing death (§ 12022.53, subd. (d)). He was sentenced to 16 years in prison. In 2023, appellant filed a petition for resentencing pursuant to section 1172.6. At the time of the prima facie hearing, appellate courts were divided on whether the preliminary hearing transcript was part of the record of conviction and could be relied on to make the prima facie determination. The trial court found appellant was the actual killer and denied the petition. On appeal, the parties’ initial briefing addressed whether the trial court could have relied on the preliminary hearing transcript to make the prima facie determination. This court ordered supplemental briefing after the California Supreme Court’s decision in People v. Patton (2025) 17 Cal.5th 549 (Patton), which held that when the court makes…