People v. Kemp CA3
C099377
Cal. Ct. App.Feb 11, 2025Background
- Jamal Kemp pleaded no contest in 2020 to attempted murder with a firearm enhancement, following a negotiated plea deal.
- The charges stemmed from a 2019 shooting in which Kemp was accused of shooting at two women, injuring one.
- In 2022, Kemp filed a petition for resentencing under Penal Code § 1172.6, which permits those convicted under the natural and probable consequences doctrine to seek relief after legislative changes narrowed murder liability.
- The trial court denied Kemp's petition, holding that he was ineligible because his plea post-dated the legislative changes.
- On appeal, the People conceded the trial court's rationale was incorrect but argued that preliminary hearing testimony established Kemp’s ineligibility for relief.
- The appellate court reversed, finding the trial court improperly denied the petition at the prima facie stage by relying on factfinding not permitted at that point.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Eligibility for resentencing under § 1172.6 | Kemp’s plea, post-SB 1437, makes him ineligible | Timing of plea does not bar relief due to uncertainty prior to SB 775 | Plea timing alone does not preclude relief |
| Use of preliminary hearing testimony at prima facie stage | Sufficient to show ineligibility for resentencing | It would require impermissible factfinding | Court agrees evidence at this stage cannot support denial |
| Whether record conclusively refutes petition allegations | Facts at prelim show direct perpetrator liability | Facts do not conclusively show intent/malice | Record does not conclusively refute petition at this stage |
| Consideration of hearsay in preliminary evidence | Testimony from detectives relevant | Hearsay cannot be considered absent exception | Court rejects use of such hearsay for denial at this stage |
Key Cases Cited
- People v. Lewis, 11 Cal.5th 952 (Cal. 2021) (Prima facie standard under § 1172.6 should be low; court must not engage in factfinding)
- People v. Strong, 13 Cal.5th 698 (Cal. 2022) (Dismissal allowed only when record conclusively shows ineligibility for relief)
- People v. Das, 96 Cal.App.5th 954 (Cal. Ct. App. 2023) (Explained legislative purpose and application of SB 1437 and SB 775)
- People v. Ervin, 72 Cal.App.5th 90 (Cal. Ct. App. 2021) (Court reviews de novo trial court's denial of § 1172.6 petition)
- People v. Curiel, 15 Cal.5th 433 (Cal. 2023) (Allegations not refuted unless record conclusively establishes elements)