People v. McMichael CA2/7
B337544
Cal. Ct. App.Apr 14, 2025Background
- Charon Michael McMichael was originally charged in 2010 with two counts of murder related to a 2007 shooting at a motorcycle club in Los Angeles.
- Evidence at the preliminary hearing linked McMichael to the killings, but also referenced other individuals (“Big Kill” and “Jigger”) as being involved in the incident, including handling the firearm and possibly being another shooter.
- McMichael ultimately pleaded no contest to two counts of voluntary manslaughter and admitted gang and firearm enhancements, receiving a 30-year, four-month sentence.
- In 2023, McMichael sought resentencing under Cal. Penal Code § 1172.6 (formerly § 1170.95), arguing he could not now be convicted of murder under amended law which limits accomplice liability.
- The trial court denied the petition at the prima facie stage, concluding the record established McMichael as the actual shooter, and thus ineligible for resentencing; McMichael appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did the preliminary hearing support ineligibility? | Evidence shows McMichael was the sole killer, thus ineligible. | No direct evidence he was sole shooter; others implicated. | Record does not conclusively establish McMichael as actual killer; evidentiary hearing required. |
| Standard for prima facie showing under § 1172.6 | Court can weigh preliminary hearing evidence at prima facie stage. | Court erred in factfinding; must not resolve factual disputes yet. | Prima facie bar is low; court must take petitioner's statements as true and not weigh facts yet. |
| Impact of possible alternate perpetrators | Involvement of others doesn’t negate McMichael as actual killer. | Presence of “Big Kill” and “Jigger” suggests alternate shooters. | Evidence of potential other shooters requires further evidentiary development. |
| Use of preliminary hearing transcript | Permissible under precedent to consider at prima facie stage. | Must not rely on factfinding from transcript to deny hearing. | Transcript can inform inquiry, but cannot resolve identity/credibility disputes at this stage. |
Key Cases Cited
- People v. Arellano, 16 Cal.5th 457 (Cal. 2024) (changed accomplice liability and § 1172.6 procedure)
- People v. Strong, 13 Cal.5th 698 (Cal. 2022) (limits on felony-murder and natural/probable consequences theory)
- People v. Lewis, 11 Cal.5th 952 (Cal. 2021) (prima facie screening under § 1172.6 must treat petitioner's allegations as true at this stage)
- People v. Patton, 17 Cal.5th 549 (Cal. 2025) (preliminary hearing transcripts can be used at prima facie stage but cannot resolve credibility or factual disputes)