People v. Wickham CA5

INTRODUCTION

In a 1996 court trial, defendant Ansel Leander Wickham was convicted of multiple offenses committed against multiple victims, including robbery and murder of one of the victims. The court found true multiple enhancements, including a special circumstance allegation that the murder was committed during the commission of a robbery pursuant to Penal Code section 190.2, subdivision (a)(17). (Undesignated statutory references are to the Penal Code.) In 2019, defendant petitioned for resentencing under Senate Bill No. 1437 (2017– 2018 Reg. Sess.) (Senate Bill 1437). The court appointed defendant counsel and the parties submitted briefing. The court initially set the matter for an evidentiary hearing, but it later granted the People’s motion for reconsideration. The court then concluded the record of conviction established defendant was ineligible for relief as a matter of law. Accordingly, the court vacated and set aside its initial prima facie determination, the order to show cause, and the date for the evidentiary hearing and denied defendant’s petition for resentencing. On appeal, defendant now challenges the court’s denial of his petition. We conclude the record…