People v. Cain

Summary

The California Court of Appeal reviews an order recalling and vacating Tracy Cain’s capital and noncapital sentences under Penal Code section 1172.75. The court holds that the People may appeal the order, that section 1509 makes habeas corpus the exclusive procedure for collateral attacks on a judgment of death, and that the death sentence could not be recalled through the section 1172.75 proceeding. It reverses the order insofar as it recalled the death sentence, affirms recall of the noncapital portions, and remands for resentencing on those portions.

Holdings

1. An order vacating a judgment of death necessarily affects the substantial rights of the People and is appealable as an order made after judgment under Penal Code section 1238, subdivision (a)(5).
2. Section 1172.75 does not provide an appropriate vehicle for recalling and resentencing Cain's previously affirmed death sentence, although it permits resentencing of the noncapital portions of the judgment.
3. The superior court may recall the noncapital portions of Cain's judgment and resentence him as to those portions based on the invalid prior-prison-term enhancement.

Questions Presented

1. Whether the People's appeal from the superior court's order recalling and vacating Cain's sentence was authorized by Penal Code section 1238, subdivision (a)(5).
2. Whether Penal Code section 1172.75 authorizes recall and resentencing of a previously affirmed death sentence that is part of a judgment containing an invalid prior-prison-term enhancement.
3. Whether Penal Code section 1509, which makes habeas corpus the exclusive procedure for collateral attacks on a judgment of death, prevents recall and resentencing of the death sentence under section 1172.75.

Disposition

reversed_and_remanded