People v. Brown CA5

INTRODUCTION

In 1985, appellant Cedrick Ray Brown was convicted of first degree murder and sentenced to 25 years to life. In 1987, this court affirmed the judgment on direct appeal. In 2020, appellant filed a petition for resentencing pursuant to Penal Code1 section 1170.95, supported by his sworn declaration that he was not the actual killer, he was convicted under the felony-murder rule and/or the natural and probable consequences doctrine, and he could not be now convicted of first or second degree murder because of the amendments to sections 188 and 189. The superior court denied the petition. On appeal, appellant argues his petition and supporting declaration satisfied the prima facie showing, the superior court failed to follow the procedural requirements of section 1170.95, and the matter should be remanded for the superior court to issue an order to show cause (OSC). We find the court’s statutory errors under section 1170.95 were not prejudicial because the record of conviction shows appellant was the actual killer, and we affirm the denial of the petition.

FACTS2

While driving to mass on August 19, 1984, Ynez Terrazas saw an elderly woman and a black male struggling…