Periman

FACTS AND HISTORY OF THE PROCEEDINGS

A jury found defendant guilty of second degree murder in 2012, and he was sentenced to 15 years to life in prison plus one year for a vicarious arming enhancement. The Honorable Richard M. Mallett presided at defendant’s trial. This court affirmed

2 defendant’s conviction and sentence on appeal in People v. Periman (C071812, Aug. 13, 2014 [nonpub. opn.] (Periman I)). In 2019, after Senate Bill 1437 took effect (Stats. 2018, ch. 1015, § 4, eff. Jan. 1, 2019), defendant filed a petition for resentencing under section 1170.95. In accordance with section 1170.95, subdivision (b)(1),1 the petition was assigned to Judge Mallett. Without appointing counsel for defendant as defendant requested, or obtaining briefing from the parties, Judge Mallett summarily denied the petition at the prima facie stage under section 1170.95, subdivision (c). Defendant appealed and a different panel of this court reversed, finding that the trial court should not have engaged in factfinding during the initial stages of its section 1170.95, subdivision (c) review, should not have found defendant ineligible for resentencing as a matter of law, and should not have…