People v. Sims CA2/5

California Court of Appeal Feb 16, 2021 No. B302109Unpublished

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Holding. The court held that the trial court erred by improperly placing the burden of proof on the defendant and engaging in fact-finding during the prima facie stage of a Penal Code section 1170.95 petition. The appellate court reversed the denial of the petition and remanded for the trial court to issue an order to show cause.

Issues

Did the trial court err in its prima facie analysis of the defendant's section 1170.95 petition?
Did the trial court improperly engage in fact-finding and place the burden of proof on the defendant at the prima facie stage?

Disposition. Reversed and remanded

Quotations verified verbatim against the opinion

“the trial court erred in placing the burden on Sims to prove he could not be convicted of murder, and drawing all inferences in favor of the conviction.”

“The trial court may not engage in “fact finding” at this stage; rather, step two is concerned with examining the record of conviction to determine whether the defendant is ineligible for relief as a matter of law.”

Filed 2/11/21 P. v. Sims CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B302109

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA046081) v.

RASHIED SIMS,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Lisa B. Lench, Judge. Reversed and remanded with directions.

Vanessa Place, under appointment by the Court of Appeal for Defendant and Appellant.

Xavier Becerra, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Senior Assistant Attorney General, Scott A. Taryle and Nancy Lii Ladner, Deputy Attorneys General, for Plaintiff and Respondent. __________________________

Defendant and appellant Rashied Sims, who was convicted of first degree murder, appeals from an order denying his petition for resentencing under newly-enacted Penal Code section 1170.95.1 The trial court appointed counsel for Sims and set the matter for a hearing, then denied the petition. On appeal, Sims argues, respondent concedes, and we agree the trial court erred in concluding Sims had not stated a prima facie case for relief. We reverse. FACTUAL AND PROCEDURAL HISTORY In 1991, Sims was charged with first degree murder, robbery, and assault with a deadly weapon. The evidence at trial showed that Sims and two friends robbed a man at gunpoint. While Sims and codefendant John Horton snatched chains from the victim’s neck, their other friend, Byone Woods III, held a gun to the victim’s head. When the victim attacked the gunman, Sims separated the men. The victim struggled again with the gunman, who then shot him. The jury was instructed on felony murder. In 1993, Sims was found guilty of all charges, and sentenced to a total of 35 years to life. In 2019, Sims filed a section 1170.95 petition for resentencing of his murder conviction.2 The District Attorney

1 All undesignated statutory references are to the Penal Code.

People v. Sims CA2/5

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THE PEOPLE, B302109

RASHIED SIMS,

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