People v. Washington CA2/5

Filed 3/10/25 P. v. Washington CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION FIVE

THE PEOPLE, B336674

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. A609715) v.

DONALD WASHINGTON,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Henry J. Hall, Judge. Reversed and remanded with directions.

Eric R. Larson, under appointment by the Court of Appeal, for Defendant and Appellant.

Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Senior Assistant Attorney General, Stephanie C. Brenan, Supervising Deputy Attorney General, and Allison H. Chung, Deputy Attorney General, for Plaintiff and Respondent.

****** Donald Washington (defendant) appeals the trial court’s order summarily denying his petition for resentencing under Penal Code1 section 1172.6.2 The People concede that summary denial was error. We agree, reverse the court’s order, and remand with directions to issue an order to show cause and conduct an evidentiary hearing. FACTS AND PROCEDURAL BACKGROUND I. Facts3 A. The underlying crime In the early morning hours of August 11, 1975, defendant

1 All further statutory references are to the Penal Code unless otherwise indicated.

2 Effective June 30, 2022, section 1170.95 was renumbered section 1172.6, with no change in text. (Stats. 2022, ch. 58, § 10.) We therefore refer to the law formerly codified at section 1170.95 as section 1172.6.