People v. Wynne CA5

INTRODUCTION

Defendant Jerome Davis Wynne, Jr. was charged with murder along with allegations of gang involvement and personal and intentional discharge of a firearm causing death. Defendant pled no contest to voluntary manslaughter and admitted an enhancement for personal use of a firearm. Sometime later, defendant filed a petition for resentencing under Penal Code1 section 1172.6.2 The trial court held a hearing and denied the petition, finding defendant failed to state a prima facie case. Defendant appeals the trial court’s decision, claiming the court erred as a matter of law by denying his petition for resentencing at the prima facie stage. The People agree. We agree and remand the matter to the court to issue an order to show cause and proceed to an evidentiary hearing under section 1172.6, subdivision (d).

PROCEDURAL SUMMARY

On February 10, 2015, the Merced County District Attorney filed an information accusing defendant and two codefendants of murder (§ 187, subd. (a)) and alleging gang enhancements (§ 186.22, subd. (b)(5)) for each participant. Additionally for defendant, the information alleged he personally and intentionally discharged a firearm which resulted in the…