People v. Dixon CA2/4
B307528
| Cal. Ct. App. | Jul 19, 2021Background
- In 1997 Dixon was convicted by jury of first-degree murder, robbery, and attempted murder; originally sentenced to LWOP plus additional terms; convictions affirmed on direct appeal.
- In 2018 the court granted habeas relief on the robbery-murder special circumstance, struck the LWOP on the murder count, and resentenced Dixon to 25 years for that count; attempted murder sentence remained.
- In 2019 Dixon filed a §1170.95 petition seeking vacation of his murder conviction; the court granted relief, struck the murder sentence, and imposed a life term for attempted premeditated murder plus a consecutive 10-year robbery term.
- In May 2020 Dixon filed a second §1170.95 petition seeking resentencing on his attempted murder conviction, relying on People v. Medrano and the natural and probable consequences (NPC) doctrine.
- The trial court summarily denied the second petition before appointing counsel, reasoning Medrano and Lopez held S.B. 1437 does not provide relief for attempted murder; Dixon appealed.
- On appeal the court affirmed: Dixon provided no record showing his attempted-murder conviction was based on NPC, and §1170.95 applies to murder convictions and does not provide relief for already-final attempted murder convictions.
Issues
| Issue | Plaintiff's Argument (People) | Defendant's Argument (Dixon) | Held |
|---|---|---|---|
| Whether §1170.95 relief extends to attempted murder | §1170.95 applies only to murder; does not authorize resentencing of attempted murder convictions | S.B. 1437 abrogated NPC for murder and attempted murder; Dixon could have been convicted as an aider under NPC and is eligible | Court: §1170.95 applies to murder only; does not provide relief for attempted murder convictions |
| Whether the court erred by summarily denying petition without appointing counsel | Summary denial proper where petitioner is ineligible as a matter of law; counsel not required | Court should appoint counsel before denying on procedural grounds | Court: No error—Dixon was ineligible as a matter of law and counsel was not required before summary denial |
| Whether Dixon made a prima facie showing or provided a record proving NPC-based attempted-murder conviction | Record does not show Dixon was tried/convicted under NPC; Whalen requires adequate record | Handwritten petition referencing NPC and Medrano suffices to show eligibility | Court: Dixon failed to provide an adequate record or prima facie showing; claim fails |
Key Cases Cited
- People v. Gonzales, 6 Cal.5th 44 (statutory construction that §1170.95 applies to murder convictions)
- People v. Verdugo, 44 Cal.App.5th 320 (limitation on imputed malice after S.B. 1437)
- People v. Whalen, 56 Cal.4th 1 (party must supply record adequate for appellate review)
- People v. Medrano, 42 Cal.App.5th 1001 (addressing application of S.B. 1437 to attempted murder; review granted)
- People v. Lopez, 38 Cal.App.5th 1087 (concluding S.B. 1437 does not grant relief for attempted murder)
- People v. Larios, 42 Cal.App.5th 956 (holding §1170.95 provides no relief for final attempted-murder convictions)