People v. Woods CA2/5

I. INTRODUCTION

Defendant Cedric J. Woods appeals from the trial court’s order denying his petition under Penal Code section 1170.951 for resentencing on his murder and attempted murder convictions. According to defendant, the trial court erred by denying his petition without first issuing an order to show cause and conducting an evidentiary hearing. He further contends that the court erred by denying his petition on the alternative ground that Senate Bill No. 1437 (2017–2018 Reg. Sess.) (Senate Bill 1437) is unconstitutional. We affirm, in part, and reverse, in part.

II. BACKGROUND2

On August 16, 1997, the murder victim, 12-year-old D.W. (the victim), and 16-year-old M.H. (the attempted-murder victim) were sitting in Kennedy Park in Pomona with W.I. and another companion. The attempted-murder victim saw a large four-door maroon car in “‘bad shape’” emerge from a nearby housing area. The front passenger made a gang sign for the Westside Mafia. The car then turned around, entered the park, and stopped in a parking lot. When four men exited the car, the attempted- murder victim told the victim to get on his bicycle and leave. The victim rode away, and the attempted-murder…