People v. Dean CA5

INTRODUCTION

Defendant Lawrence Lee Dean, Jr., was tried together with two codefendants on charges of criminal conspiracy and first degree murder in connection with a gang-related shooting. The jury acquitted the defendants of the conspiracy charges and convicted each of them of the lesser included offense of second degree murder. The jury also found true enhancement allegations for gang participation and use of a firearm. After the passage of Senate Bill No. 1437 (2017–2018 Reg. Sess.) (Senate Bill 1437), defendant filed a petition for resentencing pursuant to Penal Code former section 1170.95 (now § 1172.6). (Undesignated statutory references are to the Penal Code.) The court denied defendant’s petition for failure to state a prima facie case. In a previous appeal, defendant argued the court erred in denying the petition without issuing an order to show cause and holding an evidentiary hearing. We reversed the trial court’s order denying defendant’s petition and remanded for further proceedings. On remand, the trial court found a prima facie case, issued an order to show cause, and conducted an evidentiary hearing during which it considered the transcripts of the trial and the…