People v. Ellis CA4/1

Filed 5/22/23 P. v. Ellis CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, D080647

Plaintiff and Respondent,

v. (Super. Ct. No. SCD245230)

CHARLES L. ELLIS,

Defendant and Appellant.

APPEAL from an order of the Superior Court of San Diego County, Kenneth K. So, Judge. Reversed and remanded with instructions.

William G. Holzer, 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 Attorney General, Eric A. Swenson, Alan L. Amann and Christine Y. Friedman, Deputy Attorneys General, for Plaintiff and Respondent. In 2014, Charles L. Ellis pleaded guilty to attempted murder, carjacking, assault by means likely to produce great bodily injury, robbery,

assault with a deadly weapon, and burglary. Pursuant to the parties’ stipulation, the court sentenced Ellis to 18 years 4 months in prison. Eight years later, Ellis filed a resentencing petition under Penal Code

section 1170.95 (now § 1172.6)1 based on recent changes to attempted murder liability in California. (Stats. 2018, ch. 1015, §§ 2−3 (Sen. Bill No. 1437); Stats. 2021, ch. 551, § 2 (Sen. Bill No. 775).) The trial court summarily denied his petition without issuing an order to show cause. On appeal, Ellis contends he made a prima facie showing entitling him to relief under section 1172.6, such that the court must issue an order to show cause. The Attorney General concedes the error. We agree, reverse the order, and remand the matter for further proceedings. FACTUAL AND PROCEDURAL BACKGROUND