People v. Lucas CA4/2
Opinion
Opinion
I. INTRODUCTION
Defendant and appellant Wilfred Carl Lucas participated in a home-invasion
robbery that resulted in the death of one of defendant’s coparticipants, as well as the
death of an occupant of the home. In 1986, defendant was convicted of multiple offenses
arising from this incident, including first degree murder (Pen. Code, § 187, subd. (a)).1
In 2019, he filed a petition for resentencing pursuant to section 1172.6.2 The trial court
denied the petition, relying, in part, on defendant’s sworn parole hearing testimony to
conclude that defendant was a major participant who acted with reckless indifference to
human life in the commission of a felony.
On appeal, defendant does not contest the sufficiency of the evidence to support
the trial court’s findings. Instead, he contends that the trial court erred by relying on his
parole hearing testimony because the testimony was: (1) inadmissible as unreliable
hearsay; (2) inadmissible as an involuntary statement obtained in violation of his due
process rights; and (3) subject to the use immunity doctrine. We disagree with each of
these contentions and affirm the trial court’s order.