People v. Walker CA4/2
E074918
| Cal. Ct. App. | Jun 11, 2021Background:
- In 1991 Walker and co-defendant Collins approached a 77-year-old man sitting in his car; Collins struck the victim, Walker held or restrained him while the attackers removed wallets; the victim was dropped, hit his head, and died from blunt head trauma.
- A jury convicted Walker of first-degree felony murder and robbery in 1993; sentence included 25 years to life for murder.
- After Senate Bill No. 1437 (2018) narrowed felony-murder liability, Walker filed a Penal Code §1170.95 petition (2019) asserting he was not the actual killer, did not aid with intent to kill, and was not a major participant who acted with reckless indifference.
- The district attorney opposed and argued the record of conviction showed Walker was the actual killer or a major participant who acted with reckless indifference; the superior court summarily denied the petition.
- The Court of Appeal held the superior court exceeded the limited prima facie review permitted by §1170.95(c) and reversed, ordering issuance of an order to show cause and an evidentiary hearing.
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court could find Walker was the actual killer at the prima facie (§1170.95(c)) stage | Record of conviction (trial record and prior appellate opinion) shows Walker was one of the killers, so petition may be denied | Walker alleged he was not the actual killer; no jury finding established he was | Court: Superior court erred; it may not resolve contested factual issues at prima facie stage — must issue OSC unless record conclusively disproves petitioner's allegation |
| Whether court could find Walker was a major participant who acted with reckless indifference at prima facie stage | Record facts demonstrate major participation and reckless indifference; summary denial appropriate | Walker contended the record does not conclusively establish Banks/Clark factors; such weighing requires evidentiary hearing | Court: Finding major participant/reckless indifference requires weighing under Banks/Clark and is improper at prima facie stage; remand for OSC and evidentiary hearing |
| Standard of review at the post-briefing prima facie stage under §1170.95(c) | Court may consider record and deny petition if substantial evidence shows ineligibility | Petitioner’s allegations must be accepted as true unless conclusively refuted by readily ascertainable record facts | Court adopts Drayton/Duchine approach: accept petition allegations for prima facie review unless record conclusively refutes them; limit of inquiry precludes credibility weighing |
Key Cases Cited
- People v. Gentile, 10 Cal.5th 830 (explains SB 1437 changes to felony-murder law)
- People v. Verdugo, 44 Cal.App.5th 320 (framework for §1170.95 petition facial sufficiency and initial review)
- People v. Drayton, 47 Cal.App.5th 965 (prima facie stage: accept petition allegations unless conclusively refuted; avoid weighing evidence)
- People v. Garcia, 57 Cal.App.5th 100 (contrasting view: court may deny on substantial evidence in record)
- People v. Duchine, 60 Cal.App.5th 798 (agrees with Drayton; weighing reserved for evidentiary hearing)
- People v. Banks, 61 Cal.4th 788 (multi-factor test for major participant analysis)
- People v. Clark, 63 Cal.4th 522 (analysis of reckless indifference factors)