People v. Oehmigen
232 Cal. App. 4th 1
| Cal. Ct. App. | 2014Background
- Defendant Oehmigen sought recall under Penal Code §1170.126 for his 1998 indeterminate life sentence for assault with force likely to inflict great bodily injury.
- Prosecution sought plea with 25-to-life indeterminate term; other counts were dismissed but relevant facts described in plea and probation report.
- Trial court denied recall without a hearing, relying on an adoptive admission from the plea recitation that defendant used a car to assault pursuing officers and that pipe bombs and a pistol were found.
- Court found defendant armed with multiple deadly weapons and intent to injure, rendering him ineligible for recall under §1170.126(e)(2) and (e)(2)(C)(iii).
- Court held the order denying recall was appealable and affirmed on the merits; the issue of eligibility did not require a hearing under due process.
- Concurring and dissenting opinion notes the proper disposition would be dismissal when eligibility is denied, as no substantial right is affected.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether due process requires a hearing on eligibility | Oehmigen argues for an evidentiary hearing on eligibility | Oehmigen contends due process requires a hearing on eligibility and danger to public | No due process right to a hearing on eligibility; no error in no hearing. |
| Whether record shows ineligibility based on armed with deadly weapon | Record shows use of car and weapon to assault officers | Record demonstrates weapon use and intent; supports eligibility denial | Yes; record supports ineligibility for recall. |
Key Cases Cited
- People v. Bradford, 227 Cal.App.4th 1322 (2014) (limits due process right to input at eligibility proceedings; no evidentiary hearing required)
- Bradford (Bradford), 227 Cal.App.4th 1322 (2014) (same as Bradford above; used for due process discussion)
- Sample, 200 Cal.App.4th 1253 (2011) (adoptive admissions and plea-record integrity)
- People v. French, 43 Cal.4th 36 (2008) (discusses limits of defense concession as admission in post-plea recitation)
- People v. White, 223 Cal.App.4th 512 (2014) (discusses hearing on eligibility debate)
- Teal v. Superior Court, 60 Cal.4th 595 (2014) (holding that order finding ineligibility is appealable)
- People v. Kaulick, 215 Cal.App.4th 1279 (2013) (discusses hearings on eligibility and related procedures)
- People v. Burton, 143 Cal.App.4th 447 (2006) (relevance of how facts reflect use of deadly weapon in offense)