People v. Mansfield CA4/2

I.

INTRODUCTION

Defendant and appellant Robert Wayne Mansfield appeals from an order denying

his petition to vacate his first degree murder conviction and obtain resentencing relief 1 pursuant to Penal Code section 1170.95. He claims the trial court improperly denied his

petition because it engaged in impermissible factfinding at the prima facie stage of

review and denied his petition without conducting an evidentiary hearing. The People

agree, as do we. We thus reverse the order and remand the matter to the trial court with

directions to issue an order to show cause and hold an evidentiary hearing pursuant to

section 1170.95, subdivision (d).

II.

FACTUAL AND PROCEDURAL BACKGROUND

Between September 21, 1997, and October 3, 1997, defendant and his

coparticipants—Abel Alfonso Ayala, Joshawa Allen Vines, Brandon Wayne Hill, and

Tomas Lechuga—participated in a series of armed robberies of six convenience stores.

At the time, defendant was 19 years old, Ayala was 17 years old, and Vines was 16 years

old. Defendant, Vines, Lechuga, and Hill were involved in the first robbery of a Hesperia

1 All future statutory references are to the Penal Code. 2 The factual…