People v. Neal CA5

INTRODUCTION

In 1983, a jury convicted petitioner Benson Robert Neal of the first degree murder of Dixon Flinders.1 (Pen. Code,2 § 187.) For this offense, the trial court sentenced petitioner to a term of 25 years to life. In 2019, petitioner filed a petition for resentencing pursuant to section 1170.95. The court denied the petition without a hearing on the ground that petitioner was a major participant in the underlying felony who acted with reckless indifference for human life, a disqualifying factor pursuant to section 1170.95, subdivision (a)(3). On appeal, petitioner asserts he established a prima facie claim for resentencing relief, and the court therefore erred in denying the petition without issuing an order to show cause. The People concede error. We agree and reverse.

FACTUAL AND PROCEDURAL HISTORY

In this court’s opinion on petitioner’s direct appeal, we described the facts leading to his convictions as follows:

“On June 6, 1982, [petitioner] and others [including two men (Aleo and Ford), charged and convicted in a separate trial, and Sharon Poma (who was given immunity)] were at the home of Sharon Poma and her husband Bill Poma. Eventually [petitioner] asked if…