People v. Mejia CA5

INTRODUCTION

Defendant Joshua Michael Mejia was convicted of robbery and first degree murder in 2005. He petitioned for resentencing under Senate Bill No. 1437 (2017–2018

*Before Hill, P. J., Levy, J. and Peña, J. Reg. Sess.) (Senate Bill 1437) in 2019. The court concluded defendant had made a prima facie showing of eligibility for relief, so it issued an order to show cause and set the matter for an evidentiary hearing. After holding a telephonic evidentiary hearing during which defendant represented himself, the court denied the petition. On appeal, defendant argues the court applied the wrong standard at the evidentiary hearing, requiring reversal of the denial of his petition. The People concede the court used the wrong standard when denying the petition, but they contend the error was harmless and the denial of the petition should be affirmed. We reverse the trial court’s order denying the petition and remand for further proceedings consistent with this opinion.

FACTUAL AND PROCEDURAL BACKGROUND

Petition for Resentencing In 2019, defendant filed a petition for recall of his sentence pursuant to Penal Code section 1170.95 and a declaration in support. (Undesignated…