People v. Acajabon CA5

INTRODUCTION

In 2013, a jury found petitioner Rose Marie Acajabon guilty of the second degree murder of Armando Ramirez. (Pen. Code, 1 § 187, subd. (a).) For this offense, she was sentenced to a term of 15 years to life. In 2019, petitioner filed a petition seeking resentencing pursuant to section 1170.95. The trial court denied the petition on the ground petitioner was prosecuted and convicted as a direct aider and abettor, and therefore was ineligible for resentencing. Petitioner contends her petition was improperly denied because (1) she was not served with the People’s opposition, (2) the court failed to appoint counsel as required, and (3) her petition set forth a prima facie claim for relief. We agree that the court prejudicially erred in denying the petition without the opposition having been properly served and without appointing counsel. We further conclude petitioner set forth a prima facie claim for resentencing relief and, accordingly, the petition was erroneously denied at the prima facie stage. Accordingly, we reverse.

FACTUAL AND PROCEDURAL HISTORY

This court previously summarized the facts underlying petitioner’s offense as follows:

“On March 5, 2012, Acajabon…