People v. Avent CA3

Filed 11/15/22 P. v. Avent CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Sacramento) ----

THE PEOPLE, C093581

Plaintiff and Respondent, (Super. Ct. No. 74800)

v.

RUFUS ADOLPHUS AVENT,

Defendant and Appellant.

Over 30 years ago, defendant Rufus Adolphus Avent pleaded guilty to second degree murder and the trial court sentenced him to 15 years to life. Defendant filed a petition for resentencing under Penal Code1 former section 1170.95 (now § 1172.6).2 The trial court denied the petition. Defendant contends the trial court erred in summarily

1 Undesignated statutory references are to the Penal Code. 2 Effective June 30, 2022, former section 1170.95 was recodified without substantive change to section 1172.6. (Stats. 2022, ch. 58, § 10.) We will refer to section 1172.6 throughout this opinion.

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denying his petition at the prima facie stage, as the record does not show as a matter of law that he was ineligible for relief. The People agree. We will reverse and remand the matter and direct the trial court to issue an order to show cause.

BACKGROUND 3 Ronald Davis was found in a field, killed by a gunshot to the head. Johnny Taylor4 was the actual killer. Evidence was presented at the preliminary hearing that after Frank Hale’s car had been set on fire and destroyed, Hale, defendant, Taylor, and Steven Martin met at Hale’s apartment. Defendant and Taylor believed they knew who was responsible for burning Hale’s car and made plans with Martin to go to that person’s home. Later, they returned to Hale’s apartment with Davis. Davis’s head was covered. Defendant, Taylor, and Martin left Hale’s apartment with Davis. When they returned, Davis was not with them. Martin reported they had put Davis in the trunk of a car and driven him to a field where Taylor shot him in the head. Based on the evidence adduced at the preliminary hearing, defendant, Hale, and Martin were held to answer on charges of the murder (§ 187, subd. (a)) and kidnapping (§ 207) of Davis. As to the murder charge, it was further alleged that defendant and Martin were armed with a firearm (§ 12022, subd. (a)) and that the murder was committed during the commission of a kidnapping (§§ 207; 190.2, subd. (a)(17)).