People v. Hoong CA3

DISCUSSION

Defendant contends the trial court erred in summarily denying his petition without issuing an order to show cause and conducting an evidentiary hearing. Conceding the error, the People posit that the trial court misconstrued the requirement in section 1170.95 that the petitioner state a prima facie case for relief. The parties request that this court reverse the order and remand the matter with instructions to issue an order to show cause and to hold an evidentiary hearing on the merits of the petition. We agree with the parties and will reverse the order with instructions. Because this issue of statutory interpretation presents a question of law, our review is de novo. (People v. Gonzalez (2017) 2 Cal.5th 1138, 1141.) To obtain relief pursuant to section 1170.95, an offender must file a petition in the sentencing court setting forth his eligibility under the section, including that he was prosecuted under a theory of felony murder or murder under the natural and probable consequences doctrine, was convicted of first degree or second degree murder following a trial or accepted a plea offer in lieu of a trial at which the petitioner could be convicted for first degree…