People v. Dillard CA6
H050900
| Cal. Ct. App. | Jul 3, 2024Background
- In 1991, Harvey Lee Dillard was convicted of two counts of first degree murder with firearm enhancements and sentenced to life without parole, plus additional terms for firearm use.
- The court found he personally used a firearm and that the murders qualified as a special circumstance (multiple victims).
- Dillard later petitioned for resentencing under Penal Code section 1172.6 (formerly 1170.95), enacted after changes to California’s felony murder law to restrict vicarious liability for murder.
- The trial court denied the resentencing petition at the prima facie stage, relying on the factual summary from the unpublished appellate opinion in Dillard's direct appeal, finding Dillard was the actual killer under a direct perpetrator theory.
- Dillard objected to the use of the prior opinion’s factual summary, arguing only procedural history—not fact summaries—may be used at this stage under section 1172.6.
- On appeal, Dillard contended the trial court erred by engaging in impermissible factfinding at the prima facie stage, requiring reversal.
Issues
| Issue | Dillard's Argument | The People’s Argument | Held |
|---|---|---|---|
| Whether the trial court engaged in improper factfinding by relying on an appellate opinion’s factual summary at the prima facie stage of a section 1172.6 petition. | Trial court should only consider procedural history, not factual summaries, at prima facie stage under section 1172.6; relying on such facts is legal error. | Record (including appellate factual summary) showed Dillard was actual killer beyond any alternate theory, making him ineligible for relief as a matter of law. | Trial court erred; factual summaries from appellate opinions may not be used to deny relief at this stage—should have issued order to show cause. |
Key Cases Cited
- People v. Lewis, 11 Cal. 5th 952 (Cal. 2021) (clarifies limits on judicial factfinding at the prima facie stage for resentencing under section 1172.6)
- People v. Flores, 76 Cal. App. 5th 974 (Cal. Ct. App. 2022) (factual summaries from prior appellate opinions cannot establish ineligibility for resentencing)
- People v. Lee, 95 Cal. App. 5th 1164 (Cal. Ct. App. 2023) (factual summaries may not be used at either evidentiary or prima facie stages for section 1172.6 petitions)