People v. Davenport
A161954
| Cal. Ct. App. | Nov 10, 2021Background:
- In 2007 Davenport pled no contest to second-degree murder and admitted a personal-use firearm enhancement; he was sentenced to 15 years-to-life plus a consecutive 3-year enhancement.
- His plea form included initials acknowledging he discussed police reports with counsel and that a jury could find him guilty, but the record contains no stipulation that preliminary-hearing testimony supplied the factual basis for the plea.
- After SB 1437 (2018) created Penal Code §1170.95, Davenport filed a resentencing petition (2019) alleging his conviction may rest on theories now barred by the amendments.
- The trial court summarily denied the petition twice, the second time relying on (1) Davenport’s enhancement admission and (2) facts from the preliminary hearing transcript to conclude Davenport failed to make a prima facie showing.
- On appeal the Court of Appeal held the trial court erred by relying on preliminary-hearing facts that Davenport never admitted or stipulated were the factual basis of his plea; the matter is reversed and remanded for an order to show cause and an evidentiary hearing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| May a trial court rely on preliminary-hearing testimony at the §1170.95 prima facie stage absent a defendant’s stipulation that the transcript was the factual basis for a plea? | The court may consider the transcript as part of the record of conviction to deny a petition. | The court may not rely on preliminary-hearing facts to deny a prima facie showing unless the defendant stipulated or admitted those facts as the plea basis. | Court: No. Relying on unadmitted preliminary-hearing facts is impermissible factfinding at the prima facie stage; reverse and remand. |
| Is a preliminary hearing transcript part of the record of conviction such that it can conclusively refute a §1170.95 petition? | It is part of the record and may sometimes be considered to refute allegations. | While it can be part of the record, it cannot be used to refute a petition absent a stipulation/admission tying it to the plea. | Court: Transcript can be in the record, but here it did not conclusively refute Davenport’s petition because he never stipulated to it as the plea’s factual basis. |
| Does a no-contest plea to second-degree murder and admission to a personal-use firearm enhancement bar §1170.95 relief as a matter of law? | Plea and enhancement admission show malice/active perpetration and thus ineligibility. | A generic murder plea and admission to a §12022.5 enhancement do not preclude showing eligibility under §1170.95. | Court: No. Second-degree plea and that enhancement do not, by themselves, preclude §1170.95 relief; further evidentiary hearing required. |
Key Cases Cited
- People v. Lewis, 11 Cal.5th 952 (Cal. 2021) (prima facie review: accept petition allegations as true unless record conclusively refutes them)
- People v. Drayton, 47 Cal.App.5th 965 (Cal. Ct. App. 2020) (trial court may only rely on readily ascertainable facts in the record at prima facie stage; no factfinding)
- People v. Cooper, 54 Cal.App.5th 106 (Cal. Ct. App. 2020) (preliminary-hearing testimony cannot substitute for plea stipulation; relying on it is impermissible factfinding)
- People v. Perez, 54 Cal.App.5th 896 (Cal. Ct. App. 2020) (contrasting view that preliminary-hearing testimony may be considered at prima facie stage; court here disagreed)
- People v. Nguyen, 53 Cal.App.5th 1154 (Cal. Ct. App. 2020) (where defendant stipulated, preliminary-hearing testimony can serve as the factual basis for a plea)
- People v. Rivera, 62 Cal.App.5th 217 (Cal. Ct. App. 2021) (generic murder charging language does not foreclose §1170.95 relief)
- People v. Reed, 13 Cal.4th 217 (Cal. 1996) (preliminary-hearing transcript may be part of the prior record of conviction)
- People v. Nakahara, 30 Cal.4th 705 (Cal. 2003) (only a single statutory offense of murder exists; felony-murder need not be separately pleaded)