People v. Shaw CA2/4

BACKGROUND

I. Petition

On January 14, 2019, shortly after Senate Bill No. 1437 (SB 1437) took effect, appellant filed a form section 1172.6 petition. The superior court appointed counsel for appellant and ordered the prosecution to file a response to his petition.

II. Response and Exhibits

The prosecution filed its response on September 28, 2020. It attached to the brief several exhibits pertinent to appellant’s 1979 murder conviction, including original and amended informations charging appellant and codefendant Harold Lynn Moore with murder, a transcript of their joint preliminary hearing, police reports, probation reports, verdict forms from appellant’s trial, transcripts of appellant’s and Moore’s sentencing hearings, and a remittitur issued by this court after the direct appeal. The prosecution reported that it had been unable to locate the transcripts from appellant’s trial and our opinion resolving appellant’s direct appeal. Based on the exhibits, the prosecution related the following undisputed procedural facts. After a preliminary hearing in October 1978, appellant and Moore were charged with the murder of Ruben Patino. A jury found appellant guilty of the…