People v. Arreguin

Summary

The California Court of Appeal reversed the denial of Jose Arreguin's petition for resentencing under Penal Code section 1172.6. Applying People v. Strong, the court held that a felony-murder special-circumstance finding made before People v. Banks and People v. Clark did not preclude Arreguin from establishing prima facie eligibility and obtaining an evidentiary hearing. A concurring opinion agreed that reversal was compelled by Strong but argued that the error was harmless on the record.

Holdings

1. A felony-murder special-circumstance finding made before People v. Banks and People v. Clark does not, by itself, preclude a petitioner from making a prima facie showing of eligibility for relief under Penal Code section 1172.6.
2. When a section 1172.6 petitioner has a pre-Banks and pre-Clark special-circumstance finding that is not otherwise conclusive of ineligibility, the court must issue an order to show cause and conduct an evidentiary hearing rather than summarily deny the petition.

Questions Presented

1. Whether a felony-murder special-circumstance finding made before People v. Banks and People v. Clark categorically renders a petitioner ineligible for resentencing under Penal Code section 1172.6.
2. Whether the superior court erred by summarily denying Arreguin's section 1172.6 petition without issuing an order to show cause and conducting an evidentiary hearing.

Disposition

reversed_and_remanded