People v. Ratchford CA2/4

INTRODUCTION

In 1986, a jury convicted defendant and appellant Jeffrey Ratchford of first degree murder and robbery. The jury found not true the allegation that he intended to aid and abet another in the killing of a human being. The trial court sentenced him to 25 years to life in state prison. In 2019, Ratchford filed a petition for resentencing under Penal Code section 1170.95.1 After appointing counsel and considering briefing from both parties, the trial court dismissed the petition without issuing an order to show cause, finding Ratchford could still be convicted of murder as a direct aider and abettor. On appeal, Ratchford argues the trial court erred when it denied his petition on the basis that it failed to set forth a prima facie case for relief. The Attorney General agrees that the court erred in this regard. The parties disagree, however, over what the appropriate remedy is. Whereas the Attorney General contends the correct course is to remand so the trial court can properly assess whether Ratchford is entitled to section 1170.95 relief, Ratchford urges us to direct the court that he is entitled to relief. We agree with the Attorney General. The case is remanded for…