People v. TULARE COUNTY SUPERIOR COURT

BACKGROUND

On September 5, 1993, real party in interest Edwin Gregory (Gregory) shot and killed Jack Burrow. On May 16, 1994, he pled no contest to second degree murder with the use of a firearm, and submitted the issue of his sanity to a jury. After the jury found him sane at the time of the offense, he was sentenced to 15 years to life in prison for the murder, plus three years for the use enhancement, with a recommendation that he be allowed to serve his sentence at the state hospital at Atascadero. On appeal, this court affirmed. (People v. Gregory (Nov. 1, 1995, F021997) [nonpub. opn.] (hereafter Gregory 7).)

On November 20, 2000, the trial court granted habeas corpus relief in Tulare County Superior Court case No. 53294, on the theory that Gregory’s no contest plea was not knowing, intelligent, and voluntary, in that he was not advised of, and could not appreciate, the possible defenses he was waiving, specifically so-called imperfect self-defense. The trial court vacated the judgment of conviction and sentence, and ordered the no contest plea set aside. The People appealed. (Pen. Code, § 1506.) This court reversed, holding that a claim of imperfect self-defense…