People v. Armstrong CA5

INTRODUCTION

Appellant Jackie Reginald Armstrong appeals the trial court’s denial of his petition for resentencing under Penal Code section 1172.6.1 After a preliminary hearing, Armstrong pleaded no contest to second degree murder and admitted a personal-use firearm enhancement under section 12022.5, subdivision (a) (§ 12022.5(a)), and on his plea form, he admitted he “used a gun resulting in the unlawful death” of the victim. The trial court concluded Armstrong’s admission on the plea form and the firearm enhancement conclusively established he was the actual killer, and rendered him ineligible for resentencing relief at the prima facie stage. On appeal, Armstrong claims the firearm enhancement did not preclude his eligibility for resentencing, and the petition should have advanced to an evidentiary hearing. Although the Attorney General agrees Armstrong’s admission of the firearm enhancement, standing alone, did not conclusively establish that Armstrong was convicted as the actual killer, the trial court’s ruling was nonetheless correct because the preliminary hearing transcript, in conjunction with the admitted personal-use firearm enhancement, conclusively established…