People v. Chapman CA2/7

INTRODUCTION

In 1992 a jury convicted Ronald Chapman and Haiji Whitsey of first degree murder, robbery, and burglary and found true the allegation a principal was armed in the commission of the offenses.1 The trial court sentenced Chapman to a prison term of 26 years to life for the murder conviction, plus additional terms for the robbery and burglary convictions. Chapman appealed, and we affirmed the judgment in most respects.2 (People v. Whitsey et al. (Sept. 22, 1993, B070694) [nonpub. opn.].) In 2019 Chapman filed a petition under section 1170.95, which allows certain defendants convicted of murder under a felony murder or natural and probable consequences theory to petition the court to vacate their convictions and for resentencing. Following briefing, the superior court held a hearing, found Chapman failed to make a prima facie showing for relief, and denied the petition. Chapman appeals, contending the court erred in making factual findings to conclude he had not established a prima facie case and in not issuing an order to show cause and holding an evidentiary hearing. The People concede

The jury also found true the special-circumstance allegation Whitsey committed…