People v. Storment CA5

INTRODUCTION

In 2018, petitioner Brian Storment pled no contest to the second degree murder of 14-year-old J.V.1 (Pen. Code,2 § 187, subd. (a).) The trial court sentenced petitioner to a term of 15 years to life. In 2019, petitioner filed a petition for resentencing pursuant to section 1170.95. The trial court denied the petition on the ground petitioner was not convicted of felony murder or murder under a natural and probable consequences theory, and thus was ineligible for resentencing. On appeal, petitioner asserts he established a prima facie claim for resentencing and the court therefore erred in denying the petition without issuing an order to show cause or holding an evidentiary hearing. We agree and reverse.

FACTUAL AND PROCEDURAL HISTORY

I. Criminal Prosecution

On October 14, 2012, Jose T., Aurelio T., Jesus C., and J.V. were shot at while standing outside a residence on Conant Avenue in Modesto. Jose was shot in the ankle and survived. J.V. was shot in the left arm above the elbow, with the bullet proceeding into his left chest and heart, causing his death. Jesus and Aurelio were not hit by gunfire.3 On October 24, 2012, the Stanislaus County District Attorney…