People v. Westfall CA4/2

INTRODUCTION

Appellant and defendant Larry Gene Westfall appeals from the denial of his

petition to vacate a murder conviction under Penal Code1 section 1170.95, the

resentencing provision of Senate Bill No. 1437 (2017–2018 Reg. Sess.) (Stats. 2018, ch.

1015) (Senate Bill 1437). In 1985, a jury found him guilty of first degree murder and

found true the special circumstance that he committed the crime intentionally and for

financial gain. (§ 190.2, subd. (a)(1).) A trial court summarily denied his section

1170.95 petition on the grounds that he was convicted either as the direct perpetrator or

an aider and abettor of the murder, and his special circumstance allegation required a

finding that he had the intent to kill.

On appeal, defendant argues the trial court erred by denying his petition without

issuing an order to show cause. He contends he established a prima facie case for relief,

and the matter should be remanded for the court to fully implement the statutory

procedure. We disagree and affirm.

FACTUAL BACKGROUND

The factual background comes directly from the unpublished opinion we issued in

1988, affirming defendant’s conviction in People v. Westfall (Jan.…