People v. Guillebeau CA5

Filed 6/20/22 P. v. Guillebeau CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIFTH APPELLATE DISTRICT

THE PEOPLE, F082395 Plaintiff and Respondent, (Super. Ct. No. SC020359D) v.

JOSEPH WILLIAM GUILLEBEAU, OPINION Defendant and Appellant.

THE COURT * APPEAL from an order of the Superior Court of Kern County. Michael G. Bush, Judge. Sylvia W. Beckham, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Julie A. Hokans and Henry J. Valle, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

* Before Hill, P. J., Franson, J. and Peña, J.

Appellant Joseph William Guillebeau appeals following the denial of his petition for resentencing under the then applicable statute, Penal Code1 former section 1170.95 (Stats. 2018, ch. 1015, § 4). The parties agree that the trial court erred in making certain factual findings and thus should not have denied appellant’s petition at the prima facie stage of the statutory proceedings. Upon review of the record and arguments, we agree and therefore reverse the trial court’s order and remand for further proceedings. FACTUAL AND PROCEDURAL BACKGROUND On September 22, 1978, appellant was charged with murder with the special circumstance that it occurred during the commission of a robbery and involved torture. Additional charges of robbery, aggravated assault, and kidnapping were included, along with enhancements for the use of a firearm. Appellant proceeded to trial and was ultimately convicted of first degree murder, two counts of robbery, aggravated assault, and kidnapping to commit robbery, along with certain firearm enhancements. Appellant received a life sentence in line with the sentencing rules of that time. On January 31, 2019, appellant submitted a standard petition form seeking resentencing under former section 1170.95. Appellant requested counsel. Although the form was not fully marked to demonstrate eligibility, the trial court appointed counsel and ordered the People to provide a response. The parties submitted the opinion following appellant’s conviction (People v. Guillebeau (May 26, 1982) 4721, opn. ordered nonpub. Aug. 25, 1982) and certain jury instructions to the trial court for consideration. The People extensively briefed whether appellant aided and abetted the underlying murder with intent to kill or was a major participant in the underlying offense. Appellant responded with an argument that he had made a prima facie showing and was entitled to a hearing on his petition.