People v. Barragan CA3

DISCUSSION

I Section 1170.95 Petition Defendant argues that in relying on the jury’s special circumstance findings to determine defendant’s ineligibility under section 1170.95, the trial court improperly relied on evidence in the record of conviction and engaged in impermissible factfinding at the prima facie stage. In supplemental briefing, defendant also contends that in light of People v. Lewis (2021) 11 Cal.5th 952 (Lewis) and Senate Bill No. 775 (2021-2022 Reg. Sess.) (Senate Bill 775) the trial court erred in summarily denying his petition without first appointing counsel and argues that the applicability of the “substantial evidence test” is inappropriate at the prima facie stage. Defendant contends that the proper remedy is to remand the cause to the trial court to conduct an evidentiary hearing under section 1170.95, subdivision (d). We disagree. A. Eligibility for Relief with Special Circumstances Present Senate Bill 1437 (2017-2018 Reg. Sess.), effective January 1, 2019, was enacted to amend the felony-murder rule and eliminate the natural and probable consequences doctrine, as it relates to murder. (Stats. 2018, ch. 1015, § 4; People v. Superior Court

3 (Gooden)…