People v. Stilley CA3

Filed 6/10/24 P. v. Stilley CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Placer) ----

THE PEOPLE, C098458

Plaintiff and Respondent, (Super. Ct. No. S-CR- 0001364A) v.

RANDY JAMES STILLEY,

Defendant and Appellant.

In 1995, a jury found defendant Randy James Stilley guilty of first degree murder and the trial court sentenced him to 50 years to life imprisonment. In 2021, Stilley 1 petitioned for resentencing pursuant to Penal Code section 1172.6, arguing that he could no longer be convicted of first degree murder. The parties agreed Stilley had established

1 Undesignated statutory references are to the Penal Code. Stilley filed his resentencing petition under former section 1170.95. Effective June 30, 2022, the Legislature renumbered former section 1170.95 to section 1172.6, with no relevant change. (Stats. 2022, ch. 58, § 10.) For ease of exposition, we will cite to the current section 1172.6 throughout this opinion.

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a prima facie case for relief, and the trial court held a hearing to determine whether to vacate the murder conviction. The court concluded Stilley was still guilty of first degree murder as a direct aider and abettor. On appeal, Stilley argues the trial court erred in its decision because there was no substantial evidence he aided and abetted the murder. Finding no merit in this contention, we affirm the postconviction order denying the section 1172.6 petition. BACKGROUND I Jury Trial Proceedings In 1994, the People charged Stilley, along with codefendant Rory Clay, with first degree murder (§ 187, subd. (a)). At trial, the People introduced evidence that the victim in this case was managing the Delta Breeze Hotel around the time he was killed. Because the hotel was in “total shambles,” Susan E. was brought on to take over management. On June 6, 1994, while removing car parts stored in the laundry room, Susan E. was confronted by Clay (a frequent visitor of the hotel) who claimed the parts were his. The next day, Clay confronted Susan E. again to ask what she was doing with his stuff and where the victim was. He then said, “Tell that motherfucker I’m going to kill him.” That night, Clay called Susan E. at her home and demanded to know where “his stuff” and the victim were. When Susan E. told him that everything she took out had been put in the dumpster, he threatened to get a machine gun and spray her house. According to Stilley’s uncle, Donnie Stilley,2 on June 10, Stilley called him between 1:00 a.m. and 1:30 a.m. Stilley said he was coming to Donnie’s home, which is in a rural area of Auburn more than 30 miles from where Stilley lived and the Delta Breeze Hotel. Stilley arrived in the victim’s red Camaro with Clay and the victim.