People v. Wilson CA4/1

Filed 11/2/22 P. v. Wilson CA4/1

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D078231

Plaintiff and Respondent,

v. (Super. Ct. No. SCD145049)

THANDIEW SHARIF WILSON,

Defendant and Appellant.

APPEAL from an order of the Superior Court of San Diego County, Melinda J. Lasater, Judge. Reversed and remanded with directions. Susan S. Bauguess, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Charles C. Ragland, Assistant Attorneys General, Alan Aman, Steve Oetting, and Anthony Da Silva, Deputy Attorneys General, for Plaintiff and Respondent.

Thandiew Sharif Wilson appeals the order summarily denying his petition for resentencing under statutory changes that narrowed the scope of

felony-murder liability and authorized resentencing. Wilson was convicted on a felony-murder theory after his brother fatally shot the victim during the commission of other felonies in which Wilson participated. The superior court ruled the jury’s true findings on felony-murder special-circumstance allegations made Wilson ineligible for resentencing. In our initial opinion, we concluded the jury’s findings did not categorically bar relief, reversed the order, and remanded the matter for further proceedings. The Supreme Court of California granted the People’s petition for review and held the case for its decision in People v. Strong (2022) 13 Cal.5th 698 (Strong), where it held a jury’s true finding on a felony- murder special-circumstance allegation did not preclude a petitioner from making a prima facie showing of eligibility for resentencing when the jury made the finding before the Supreme Court had issued two decisions on key phrases in the statute defining the special circumstance. After the Supreme Court issued its decision in Strong, it transferred Wilson’s appeal to us with directions to vacate our opinion and to reconsider the matter in light of the decision. In compliance with those directions, we hereby vacate our prior opinion. And, based on Strong, supra, 13 Cal.5th 698, we reverse the order denying Wilson’s resentencing petition and remand the matter for further proceedings. I. BACKGROUND A. Fatal Shooting Incident On July 6, 1999, Wilson, his brother, and another member of the Lincoln Park criminal street gang went to a party in a motel room hosted by Henry Mabry, a member of a rival gang. Wilson and his companions left