People v. Sawyer CA4/3

FACTS

The facts are set forth in full in People v. Sawyer (March 28, 2011, 2 G043094) [nonpub. opn.]. For our purposes, suffice to say that while in custody, Sawyer was a member of a prison gang. At the instigation of senior members of the gang, Sawyer stabbed and slit the throat of his cellmate with a razor blade knife. The victim survived. As relevant to this petition, Sawyer was convicted of conspiracy to commit murder and attempted murder. He was tried with several codefendants. On December 21, 2022, Sawyer filed a petition for resentencing, stating that he could not presently be convicted of murder or attempted murder due to changes to the Penal Code. No briefing was filed by appointed counsel or the prosecutor. At the 3 hearing to determine whether the petition had set forth a prima facie case, the prosecutor acknowledged that the jury had been instructed on the natural and probable consequences doctrine, but argued that based on the instructions as a whole and Sawyer’s conviction for conspiracy to commit murder, he was ineligible for resentencing as a matter of law. Sawyer’s appointed counsel agreed with the prosecutor but objected “to protect my client’s rights.” The…