People v. Harris CA5
Opinion
Opinion
INTRODUCTION
In 1992, a jury convicted defendant Clay Arthur Harris of first degree murder (§ 187; count I), attempted second degree robbery (§§ 211, 664; count II), two counts of second degree robbery occurring on different days (§ 211; counts III and VI), assault with a deadly weapon (§ 245, subd. (a); count IV), and kidnapping (§ 207; count V). After the passage of Senate Bill No. 1437 (2017–2018 Reg. Sess.) (Senate Bill 1437), defendant filed a Penal Code section 1170.95 petition for resentencing. (Undesignated statutory references are to the Penal Code.) The court denied the petition without issuing an order to show cause, concluding defendant was a major participant in the underlying felony who was ineligible for resentencing. Defendant now challenges the denial of his petition, and the People concede remand is necessary for the court to issue a show cause order and to hold an evidentiary hearing because the record of conviction did not establish defendant was categorically ineligible for relief as a matter of law. We agree with the parties, reverse the court’s order denying the petition, and remand the matter for further proceedings.