P. v. Blalock CA5
In 1991, petitioner William Blalock pled guilty to the second degree murder of Gerald Smart. (Pen. Code, § 187.) For this offense, the trial court sentenced petitioner to a term of 15 years to life.
In 2019, petitioner filed a petition for resentencing pursuant to section 1170.95. The court denied the petition on the ground petitioner was not convicted of felony murder or murder under a natural and probable consequences theory, and thus was ineligible for resentencing.
On appeal, petitioner asserts he established a prima facie claim for resentencing relief and the court therefore erred in denying the petition without issuing an order to show cause or holding an evidentiary hearing. We agree with petitioner and reverse.
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