People v. Pickett
93 Cal.App.5th 982
Cal. Ct. App.2023Background
- In September 1979 Michael Moore was shot and later died from a gunshot wound to his right buttock; witnesses at a preliminary hearing saw Raymond Pickett confront Moore, draw a gun, fire a shot, and then shots were heard and Moore fell.
- No evidence suggested another participant; witnesses overheard Pickett threaten to shoot anyone who “snitched.”
- Pickett pleaded guilty to second degree murder in February 1980 and admitted a firearm enhancement; he was sentenced to 15 years to life plus two years.
- In January 2022 Pickett filed a petition under Penal Code § 1172.6 (formerly § 1170.95) asserting he could not now be convicted of murder under law changes from SB 1437; his form petition alleged no facts about the killing and did not deny being the shooter.
- The prosecutor submitted the preliminary hearing transcript (and sentencing/probation records); Pickett was appointed counsel but counsel filed no reply or factual challenge to the prosecutor’s submission.
- The trial court summarily denied the petition, concluding Pickett was the actual shooter and thus ineligible for § 1172.6 relief; the Court of Appeal affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did Pickett make a prima facie showing under § 1172.6? | No — record shows Pickett was the actual killer, so ineligible. | Yes — form petition was facially sufficient and SB 1437 may bar conviction now. | Denied — Pickett failed to make a prima facie showing because uncontradicted record evidence shows he acted alone. |
| May the court rely on the preliminary hearing transcript when the conviction followed a plea? | Yes — the transcript is part of the record of conviction and can inform the prima facie inquiry. | No — some authorities suggest transcript should not be used unless stipulated as factual basis for the plea. | Yes — the court may consider the preliminary hearing transcript as part of the record of conviction. |
| Is it proper to deny a § 1172.6 petition where counsel was appointed but filed no reply or factual challenge? | Yes — if petitioner (with counsel) does not contest the record, summary denial is proper when record conclusively shows ineligibility. | No — cases caution courts not to resolve disputed facts at prima facie stage and require briefing when petitioner contests the record. | Yes — where the petitioner offers no dispute or evidence, the court may rely on uncontroverted record and deny the petition. |
| Does SB 1437 require an evidentiary hearing when the preliminary record shows multiple actors or is ambiguous? | Not if the record conclusively shows the petitioner was the actual killer. | If petitioner raises a plausible theory (e.g., accomplice did the shooting), an evidentiary hearing is required. | If petitioner raises a reasonable dispute in briefing or evidence, the court cannot resolve it at prima facie stage; here no dispute was raised, so denial was proper. |
Key Cases Cited
- People v. Lewis, 11 Cal.5th 952 (2021) (explains SB 1437, standard for prima facie review, and use of record of conviction)
- People v. Reed, 13 Cal.4th 217 (1996) (preliminary hearing transcript may be part of the record of conviction when it reliably reflects offense facts)
- People v. Delgadillo, 14 Cal.5th 216 (2022) (a petitioner who was the actual killer is not entitled to relief under § 1172.6)
- People v. Cooper, 54 Cal.App.5th 106 (2020) (trial court erred by denying § 1172.6 petition without appointing counsel and receiving briefing)
- People v. Rivera, 62 Cal.App.5th 217 (2021) (if petitioner, with counsel, raises a theory that the preplea record does not definitively foreclose, court cannot summarily deny)
- People v. Davenport, 71 Cal.App.5th 476 (2021) (discusses limits on relying on preliminary hearing transcript when plea lacks stipulation to that transcript)
- People v. Flores, 76 Cal.App.5th 974 (2022) (preliminary hearing testimony may not establish ineligibility as a matter of law when it leaves open a theory covered by SB 1437)