B333584
Cal. Ct. App.Apr 4, 2025Background
- Lorenzo Davis, a member of the East Coast Crips, was convicted by plea in 2011 for voluntary manslaughter and two counts of assault with a semiautomatic firearm, in connection with the fatal shooting of Arturo Segura in Los Angeles.
- Davis admitted personal use of a firearm and gang enhancement allegations as part of his plea, but did not admit to being the sole shooter or specify the legal theory of conviction.
- The conviction was based on evidence including eyewitness identification and preliminary examination testimony.
- In 2022, Davis filed a petition for resentencing under Penal Code section 1172.6 (formerly 1170.95), asserting he was convicted under now-invalid felony murder or imputed malice theories.
- The trial court denied his petition at the prima facie stage, relying on the record of conviction and finding Davis was the actual shooter.
- Davis appealed, arguing the trial court improperly engaged in factfinding and should not have relied on the preliminary hearing transcript.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Davis was convicted as the actual shooter | Preliminary transcript shows Davis shot Segura | May have been accomplice | No, record shows Davis was the actual shooter, ineligible for relief |
| Whether the trial court improperly engaged in factfinding | Facts in record are undisputed | Factfinding was improper | Accepting undisputed facts is not improper factfinding |
| Whether preliminary hearing transcript can be relied upon | Proper under recent Supreme Court authority | Should not be considered | Preliminary transcript is part of record and proper for review |
| Entitlement to relief under section 1172.6 | Ineligible due to actual killer status | Petition stated eligibility | Petition properly denied, no prima facie case shown |
Key Cases Cited
- People v. Lewis, 11 Cal.5th 952 (Cal. 2021) (interprets requirements for section 1172.6 resentencing petitions and prima facie standard)
- People v. Patton, 17 Cal.5th 549 (Cal. 2025) (trial court can rely on undisputed facts in preliminary hearing transcript at the prima facie stage)
- People v. Delgadillo, 14 Cal.5th 216 (Cal. 2022) (no eligibility for resentencing if defendant was sole participant in killing)
- People v. Coley, 77 Cal.App.5th 539 (Cal. Ct. App. 2022) (prima facie determination is reviewed de novo)