People v. Allen CA2/3

INTRODUCTION

In 1997, a jury convicted Alton Charles Allen of the first degree murder of Emery Hughes. The jury also found true the allegations that Allen personally used a deadly and dangerous weapon (a knife) and committed the murder during a burglary. This court affirmed Allen’s conviction on direct appeal in 1999. (People v. Allen (1999) 72 Cal.App.4th 1093 (Allen I).)1 In 2021, Allen filed a petition for resentencing under Penal Code2 section 1170.95,3 arguing he could not now be convicted of first or second degree murder under sections 188 and 189 as those statutes were amended by Senate Bill No. 1437 (S.B. 1437). The trial court appointed counsel for Allen, found he met his prima facie burden, issued an order to show cause, and set the matter for an evidentiary hearing. Following the hearing, the court found that, as the actual killer, Allen is ineligible for relief and denied his petition. Allen appeals, arguing the court erred in relying on the factual recitation contained in Allen I in making its ruling on his resentencing petition. Specifically, Allen notes that after the court denied his petition, the California Legislature enacted

1 Allen’s statement of facts in his…