People v. Potts CA5

INTRODUCTION

Petitioner James Edward Potts petitioned the superior court, pursuant to former section 1170.95 (now § 1172.6) of the Penal Code,1 for resentencing on his conviction for the first degree murder of Byron Jennings III. The superior court denied the petition at the prima facie stage after finding petitioner ineligible for relief. (See § 1172.6, subd. (c).) On appeal, petitioner argues the denial of his petition at the prima facie stage was erroneous. We agree. We therefore reverse the superior court’s order denying the petition and remand with directions to issue an order to show cause.

PROCEDURAL HISTORY2

In 1998, an information was filed alleging petitioner, along with codefendants Larry Ward, Randy Spohn, and Daniel Blunt, committed the following offenses against Jennings: murder (§ 187, subd. (a); count 1), robbery (§ 211; count 2), burglary (§ 459; count 3), and receiving stolen property (§ 496, subd. (a); count 4). As to count 1, the information alleged the special circumstances that the murder was committed during the commission of a robbery and burglary. (§ 190.2, subd. (a)(17)(A), (G).) As to petitioner and Blunt only, the information also alleged prior…