People v. Young CA4/1

Filed 12/28/23 P. v. Young CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, D082059

Plaintiff and Respondent,

v. (Super. Ct. No. CR67930)

CHARLES YOUNG,

Defendant and Appellant.

APPEAL from an order of the Superior Court of San Diego County, Runston G. Maino, Judge. Reversed. Allen G. Weinbert, 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, Lynne G. McGinnis and A. Natasha Cortina, Deputy Attorneys General, for Plaintiff and Respondent.

Charles Young appeals from an order summarily denying his petition

for resentencing filed pursuant to Penal Code section 1170.95 (now 1172.6).1 He contends his petition established a prima facie claim for relief requiring the trial court to issue an order to show cause. The People concede the trial court erred in denying Young’s petition because the record of conviction does not establish Young is ineligible for resentencing relief as a matter of law. We accept the People’s concession and remand the case with directions for the trial court to issue an order to show cause and conduct an evidentiary hearing. Accordingly, the order is reversed and the matter is remanded for additional proceedings. FACTUAL AND PROCEDURAL BACKGROUND In 1984, a jury convicted Young of first degree murder (§ 187, subd. (a)), and the jury also found true an enhancement for personal use of a deadly weapon in the commission of the crime (§ 12022, subd. (b)). The trial court sentenced Young to prison for an indeterminate term. This court affirmed the judgment in his direct appeal. (People v. Young (Nov. 12, 1985, D002247) [nonpub. opn.].) In 2022, Young filed a petition for resentencing under Senate Bill No. 1437 in the superior court. The court appointed counsel, the People responded to the petition, and Young filed a reply. After briefing, the superior court found Young failed to state a prima facie case for relief and denied the petition. The court determined Young was not entitled to relief because the verdict for first degree murder in