People v. Nichols CA5

INTRODUCTION

A jury convicted petitioner Tommy Jackson Nichols of first degree murder (Pen. Code,1 § 187, subd. (a), count 1).2 (People v. Nichols et al. (June 29, 2010, F055572 [nonpub. opn.] (Nichols I).) As to count 1, the jury found true the special circumstance that petitioner committed the murder while engaged in the commission or attempted commission of a robbery (§ 190.2, subd. (a)(17)(A)). The trial court sentenced petitioner on count 1 to a term of life without the possibility of parole. (People v. Nichols (Mar. 13, 2012, F061963 [nonpub. opn.] (Nichols II).) In 2019, petitioner filed a petition for resentencing on his murder conviction pursuant to section 1170.95. The trial court summarily denied the petition finding petitioner was a major participant and acted with reckless indifference to human life in the underlying felony, a disqualifying factor under the amended law. (§§ 1170.95, subd. (a)(3), 189, subd. (e).) On appeal, petitioner contends the trial court erred by failing to conclude petitioner had made a prima facie showing of entitlement of relief and not issuing an order to show cause. Petitioner further contends the trial court erred in engaging in premature…