People v. Tatum CA1/5

Filed 10/17/25 P. v. Tatum CA1/5 NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION FIVE

THE PEOPLE, Plaintiff and Respondent, A171066

v. (Contra Costa County SAMSON TATUM III, Super. Ct. No. 05001607720) Defendant and Appellant.

Defendant Samson Tatum III appeals from a trial court order denying his petition for resentencing under Penal Code section 1172.6 (petition).1 Relying on the jury instructions given at Tatum’s trial even though it resulted in a mistrial, the court denied the petition at the prima facie stage. Tatum contends that the court erred because he pled no contest to “a generic theory of attempted murder that did not exclude liability upon a theory of natural and probable consequences,” notwithstanding the instructions given at his trial. The People concede that the court erred by relying on those instructions but contend that the court also erred by refusing to consider the transcript of Tatum’s preliminary hearing under our high court’s recent

1 All further statutory references are to the Penal Code.

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decision in People v. Patton (2025) 17 Cal.5th 549 (Patton). We agree with the People’s concession and its unopposed contention. We therefore vacate the order and remand so the court may consider the preliminary hearing transcript in determining whether Tatum has made the required prima facie showing. BACKGROUND2 An information charged Tatum and two codefendants with three felonies: conspiracy to commit robbery (§§ 182, subd. (a)(1), 211; count 1), second degree robbery (§ 211; count 2), and attempted murder (§§ 664/187, subd. (a); count 3).3 As to the robbery and attempted murder counts, the information alleged three personal firearm use enhancements against Tatum. (§ 12022.53, subds. (b), (c) & (d).) The information further alleged that Tatum had been convicted of two prior serious and/or violent felonies (§§ 667, subds. (d) & (e), 1170.12, subds. (b) & (c)) and one prior serious felony (§ 667, subd. (a)(1)) and that Tatum committed a felony within five years after serving a term of imprisonment (§ 667.5, subd. (b)). Tatum’s jury trial began on September 14, 2017. The jury, however, was unable to reach a verdict, and the trial court declared a mistrial. On October 11, 2018, Tatum pled no contest to robbery (§ 211) and attempted murder (§§ 664/187, subd. (a)) and admitted that he discharged a firearm in the commission of the attempted murder (§ 12022.53, subd. (c)). The trial court dismissed the remaining charges against Tatum and sentenced him pursuant to the plea agreement to 30 years in state prison.