People v. Chavez CA5

INTRODUCTION

Petitioner Barbara Lynn Chavez petitioned the superior court, pursuant to former section 1170.95 (now § 1172.6) of the Penal Code,1 for resentencing on her conviction for first degree murder. The superior court denied the petition at the prima facie stage on the ground petitioner was convicted of first degree murder and the jury found true a special circumstance allegation pursuant to section 190.2, subdivision (a)(17)(A). (See § 1172.6, subd. (c).) On appeal, petitioner argues the denial of her petition at the prima facie stage was erroneous because the special circumstance finding does not bar relief. 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 1999, an information was filed charging petitioner, along with codefendant Regina Eason, with first degree murder (§ 187, subd. (a); count 1), burglary (§ 460, subd. (b); count 2), attempted robbery (§§ 212.5, subd. (c), 664; count 3), and conspiracy to commit robbery (§§ 182, subd. (a)(1), 212.5, subd. (c); count 4). As to count 1, the information alleged robbery and burglary special circumstances (§…