People v. Oryall CA4/1

I.

BACKGROUND AND PROCEDURAL FACTS

In September 1983, Oryall pled guilty to second degree murder (§ 187) and admitted to being armed with a firearm in the commission or attempted commission of a felony (§ 12022, subd. (a)), specifically admitting he “committ[ed] a felony resulting in the killing of a human being while armed with a rifle.” The court sentenced him to 15 years to life plus one year for the enhancement, initially housed in the California Youth Authority. In February 2019, Oryall filed a petition for resentencing pursuant to section 1172.6. The court appointed counsel, set a briefing schedule, and eventually ordered an evidentiary hearing under section 1172.6, subdivision (d)(3). The trial court considered the documents provided by the parties, including the published opinion People v. Crenshaw (1986) 177 Cal.App.3d 259 (Crenshaw), a forensic psychological report by Dr. Kristina Malek, the preliminary hearing, the change of plea, parole hearings, and probation

reports.3 A. Crenshaw The following facts appear in Crenshaw, supra, 177 Cal.App.3d 259 at pages 261 through 262: “On February 5, 1983, Oceanside police officers went to a tomato field near the San Luis Rey…