People v. Mathis CA2/3
B307882
| Cal. Ct. App. | Jul 26, 2021Background
- In 2006 Christopher Mathis (passenger) shot and killed Ernest Crayton; a nine‑mm gun found in the car matched bullets recovered; jury convicted Mathis of first‑degree murder with multiple firearm enhancements and a gang special‑circumstance; sentenced to 50 years to life; direct appeal affirmed in 2009.
- After Senate Bill No. 1437, Mathis filed a Penal Code §1170.95 resentencing petition (2019), asserting he was not the actual killer and was convicted under felony‑murder or the natural and probable consequences doctrine.
- The prosecutor argued Mathis was the actual shooter convicted of willful, deliberate, and premeditated murder (not felony‑murder or NPC); trial court reviewed the record (appellate opinion, minutes, abstract) and denied the petition as facially ineligible under §189(e)(1).
- Mathis appealed; appellate counsel filed a Wende brief raising no issues and Mathis did not file a supplemental brief despite extensions.
- The Court of Appeal affirmed the denial, holding that because Mathis was the actual killer and convicted under a theory unchanged by SB1437, he was ineligible for §1170.95 relief.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Eligibility under §1170.95 after SB1437 | Mathis was the actual shooter convicted of willful, deliberate, premeditated murder, not convicted under felony‑murder or NPC, so ineligible | Petition alleged felony‑murder/NPC liability and not being the actual killer; facially adequate prima facie showing required issuance of an order to show cause | Denial affirmed: record and appellate decision show Mathis was the actual killer; §1170.95 relief unavailable under §189(e)(1) |
| Prima facie threshold and use of record of conviction | Court may resolve prima facie eligibility on the record; no OSC required when record conclusively refutes eligibility | Counsel argued the petition met the low prima facie bar and the People must be required to disprove eligibility at a hearing | Held for People: trial court properly relied on record of conviction/appellate opinion to deny petition without issuing an OSC or holding an evidentiary hearing |
Key Cases Cited
- People v. Gutierrez‑Salazar, 38 Cal.App.5th 411 (explaining SB 1437 changes and §189(e)(1) scope)
- People v. Edwards, 48 Cal.App.5th 666 (affirming summary denial where record showed petitioner was the actual killer)
- People v. Tarkington, 49 Cal.App.5th 892 (same — actual killer not convicted under felony‑murder or NPC)
- People v. Gallo, 57 Cal.App.5th 594 (same — ineligibility where defendant was the actual killer)
- People v. Perez, 54 Cal.App.5th 896 (noting petitioner must offer proof if record does not conclusively show actual‑killer status)
- People v. Cornelius, 44 Cal.App.5th 54 (affirming denial when petitioner was actual killer who discharged firearm)
- People v. Daniel, 57 Cal.App.5th 666 (harmlessness of counsel‑appointment error where defendant was actual killer)
- People v. Wende, 25 Cal.3d 436 (procedure for appointed counsel and appellate independent review)
- People v. Kelly, 40 Cal.4th 106 (standards for appellate counsel duties on no‑issue appeals)