People v. Chavez CA5

INTRODUCTION

Around 10:00 p.m. on August 31, 2000, appellant Ramon Salvador Chavez entered Corona Liquors on Crows Landing Road in Modesto and shot and killed Gurmit Singh Bahia, the proprietor. He pleaded guilty to first degree premediated murder and admitted the felony-murder special circumstance, and the People agreed not to pursue the death penalty. He was sentenced to life in prison without the possibility of parole for special circumstance murder, plus 37 years for other offenses and enhancements. Appellant filed a petition for relief, in pro. per., pursuant to Penal Code section 1170.95,1 and alleged his murder conviction had to be vacated because he was improperly convicted based on the felony-murder rule or the natural and probable consequences doctrine. The superior court appointed counsel for appellant, found his petition stated a prima facie case for relief, issued an order to show cause, set the matter for an evidentiary hearing, and the parties filed additional briefing. After the hearing, the court denied the petition because it found appellant was the actual killer and ineligible for relief. In this appeal from the court’s order, his appellate counsel has filed a…