People v. Logan CA5

INTRODUCTION

In 1991, a jury convicted petitioner Darrell Logan of two counts of first degree murder (Pen. Code,1 § 187, subd. (a)). The trial court sentenced him to two consecutive terms of 25 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 a principal in the offense and acted with at least implied malice. On appeal, the People concede the trial court engaged in premature factfinding and instead should have issued an order to show cause and conducted an evidentiary hearing to resolve petitioner’s eligibility for resentencing. We accept the People’s concession and will reverse and remand. In light of this disposition, petitioner’s additional argument, that he had a constitutional right to be transported for personal appearances prior to the issuance of an order to show cause, is moot.

FACTUAL AND PROCEDURAL HISTORY

We briefly summarize the facts as stated in our opinion in petitioner’s direct appeal.2 On the morning of April 14, 1990, the bodies of Moises Diaz and Ricardo Soto were found inside a burning car on the side of the road in rural Stratford. A medical…