People v. Sirypangno CA4/1
D078188
| Cal. Ct. App. | Oct 14, 2021Background
- In 2008 Sirypangno was convicted by jury of first-degree murder, attempted murder, and assault with a semiautomatic firearm; enhancements included gang allegations and a principal personally discharging a firearm.
- A 2018 habeas grant (People v. Sirypangno) vacated the first-degree murder conviction and the judgment was modified to second-degree murder when the People declined retrial.
- In April 2019 Sirypangno petitioned for resentencing under Penal Code §1170.95 (post–SB 1437), seeking relief as to his murder and attempted murder convictions.
- The trial court denied the §1170.95 petition without issuing an order to show cause (OSC), stating from personal recollection that Sirypangno was a direct aider and abettor.
- The People conceded the court erred by failing to issue an OSC as to the murder conviction; a related habeas opinion vacated the attempted-murder conviction, rendering that portion moot.
- The Court of Appeal reversed and remanded: the trial court must issue an OSC for the murder petition and hold a §1170.95 hearing (the trial court may consider the record of conviction and new evidence at the hearing).
Issues
| 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 | People argued §1170.95 relief was unavailable as a matter of law based on this court’s habeas decision (court implicitly found him a direct aider/abettor) | Sirypangno argued he made a prima facie showing and the court was required to issue an OSC and appoint counsel before factfinding | Trial court erred; record did not establish ineligibility as a matter of law. Reverse and remand for OSC and hearing. |
| Whether §1170.95 relief applies to the attempted-murder conviction in this case | People argued petitioner ineligible for attempted-murder relief under §1170.95 (as originally enacted) | Sirypangno argued the court erred in failing to issue OSC as to attempted murder | Moot — attempted-murder conviction vacated in a related habeas proceeding; no live §1170.95 relief exists for that conviction here. |
Key Cases Cited
- People v. Lewis, 11 Cal.5th 952 (2021) (clarifies §1170.95 prima facie inquiry and limits on pre-hearing factfinding)
- People v. Chiu, 59 Cal.4th 155 (2014) (habeas relief principles applied in related proceedings)
- In re Martinez, 3 Cal.5th 1216 (2017) (habeas standards relevant to post-conviction relief)
- People v. Canizales, 7 Cal.5th 591 (2019) (discusses jury instruction and kill-zone theory issues cited in related habeas)
- People v. Drayton, 47 Cal.App.5th 965 (2020) (explains limits on weighing evidence at the prima facie stage under §1170.95)