People v. Resendez CA2/4, B306040

In 2009 Jose Isabel Resendez pleaded guilty to second-degree murder in exchange for testifying against a codefendant and was sentenced in 2014 to 15 years to life.
In 2019 Resendez filed a petition under Penal Code § 1170.95 (SB 1437 relief) to vacate a murder conviction premised on felony-murder or natural-and-probable-consequences liability.
The prosecution opposed the petition, relying on Resendez’s trial testimony and arguing he was a major participant in the robbery who acted with reckless indifference to human life.
The trial court denied the petition without issuing an order to show cause or holding an evidentiary hearing, concluding on the merits that Resendez was a major participant who acted with reckless indifference.
On appeal the Attorney General agreed the court erred procedurally; the Court of Appeal reversed and remanded, directing the trial court to issue an order to show cause and hold a § 1170.95(d) hearing (where new evidence may be introduced and the prosecution bears the burden beyond a reasonable doubt).

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trial court properly denied a § 1170.95 petition without issuing an order to show cause or holding a hearing after petitioner was convicted under a felony-murder theory	Prosecution: facts show Resendez was a major participant who acted with reckless indifference, so he is ineligible for relief	Resendez: conviction under felony-murder creates a prima facie entitlement to review and court must issue an OSC and hold a hearing before making factual findings	Reversed. Court erred by making factual findings at the prima facie stage; must issue OSC and hold evidentiary hearing under § 1170.95(d)
Whether the trial court may weigh evidence or make credibility determinations when assessing a prima facie showing under § 1170.95(c)	Prosecution implicitly relied on the record to rebut prima facie eligibility	Resendez: trial court should not weigh evidence or resolve credibility at the initial review stage	Held: At the prima facie stage the court should not engage in factfinding, weigh evidence, or make credibility determinations; such determinations belong at the hearing after an OSC is issued

People v. Verdugo, 44 Cal.App.5th 320 (discussing § 1170.95 two-step prima facie review and post-OSC hearing)
People v. Lewis, 43 Cal.App.5th 1128 (holding court’s duty to appoint counsel arises only after threshold prima facie showing)
People v. Drayton, 47 Cal.App.5th 965 (explaining trial court must not engage in factfinding at § 1170.95(c) prima facie stage)
In re T.B., 172 Cal.App.4th 125 (applying de novo review to pure legal questions)