People v. Keaton CA2/3
Opinion
Opinion
BACKGROUND
I. Keaton’s plea
In 1983, Keaton pleaded guilty to a single count of first degree murder and was sentenced to 25 years to life. As part of the plea agreement, a robbery-murder special circumstances allegation was dismissed. The murder charge arose from a 1981 residential burglary during which 70-year-old Lawrence Mason was robbed and severely beaten. Mason was in a coma for four months before succumbing to his injuries.
II. The section 1170.95 petition and proceedings
About 36 years later, in 2019, Keaton filed a petition for resentencing pursuant to section 1170.95. In support of his petition, Keaton filed several briefs, attaching, as relevant here, a partial transcript of the August 1981 preliminary hearing
3 transcript3 containing testimony of Detective Addison Arce and Officer Michael Albanese, the December 1981 preliminary hearing transcript containing the testimony of Manuel Hernandez, a medical doctor, and Mary Mason4, the autopsy report, and declarations from Keaton. The superior court held an evidentiary hearing over several dates from November 2020 to March 2021. At the evidentiary hearing, the following live witnesses testified: Keaton, retired…