100 Cal.App.5th 1055
Cal. Ct. App.2024Background
- Brian Terrell Hill and Clifford Jenkins were convicted in 1992 for first-degree murder, attempted murder, kidnapping, and related offenses stemming from a 1990 ransom kidnapping and the subsequent murder of a witness, Randy Burge.
- Both defendants filed resentencing petitions under Penal Code section 1172.6, arguing that legislative changes to the felony murder rule and natural-and-probable-consequences doctrine applied to their convictions.
- At the time of the crime, kidnapping was not a basis for first-degree felony murder; this changed with Proposition 115 (June 1990), which added kidnapping to qualifying felonies.
- Superior courts denied their petitions after evidentiary hearings, finding both defendants major participants in the kidnapping who acted with reckless indifference to human life.
- Hill and Jenkins argued on appeal that applying a kidnapping-based felony-murder theory to their resentencing violated ex post facto principles and that substantial evidence did not support the findings.
Issues
| Issue | Hill/Jenkins' Argument | State's Argument | Held |
|---|---|---|---|
| Ex post facto violation by applying kidnapping-based felony-murder theory under current law | Applying current law, which now includes kidnapping as predicate, violates ex post facto protections | Section 1172.6 resentencing is leniency, not a new prosecution; doesn't implicate ex post facto law | No ex post facto violation; retroactive application allowed |
| Substantial evidence supports denial of resentencing | No substantial evidence they were major participants or acted with reckless indifference | Trial record shows evidence of planning, armed participation, and active roles in crimes | Substantial evidence supports findings against Hill and Jenkins |
| Right to jury/due process at resentencing | Full constitutional trial protections required at evidentiary hearing | Section 1172.6 proceedings are not new trials; no right to jury or heightened protections | No additional rights attach; standard procedures sufficient |
| Resentencing for attempted murder | Legislative changes apply to attempted murder under natural and probable consequences doctrine | Attempted murder supported by direct evidence of intent and actions | Attempted murder convictions upheld |
Key Cases Cited
- People v. Banks, 61 Cal.4th 788 (Cal. 2015) (sets factors for 'major participant' in felony murder)
- People v. Clark, 63 Cal.4th 522 (Cal. 2016) (sets factors for 'reckless indifference to human life' in felony murder)
- People v. Lewis, 11 Cal.5th 952 (Cal. 2021) (section 1172.6 procedure and burden of proof guidance)
- People v. Cavitt, 33 Cal.4th 187 (Cal. 2004) (felony murder continuous-transaction doctrine)