People v. DraytonAnnotate this Case
In 1991, the Wards and their teenage daughter awoke and discovered four men, including Drayton, inside their house. Two were armed. One told the daughter he was going to rape her and placed a firearm inside her vagina. Drayton told the man not to do it. Drayton had a gun and held Mrs. Ward down during the robbery. Two others shot and killed Mr. Ward. Drayton and the others left without seeking help for the Wards. Drayton did not shoot Mr. Ward or threaten to rape the daughter. Drayton surrendered the next day. Drayton’s sole prior conviction was a misdemeanor; he had no reported history of violence. Drayton was sentenced to 29 years to life imprisonment. In 2019, Drayton sought resentencing under Penal Code 1170.95, declaring that he “was not a major participant ... or did not act with reckless indifference to human life.” Senate Bill 1437, effective January 1, 2019, restricted the circumstances under which a person can be liable for felony murder and enacted Penal Code 1170.95, which allows an individual, previously convicted of felony murder, to petition to have his murder conviction vacated and to be resentenced.
The court of appeal directed the trial court to hold a hearing under section 1170.95(d) and to accept the assertions in the petition as true unless facts in the record conclusively refute them as a matter of law. If, accepting the petitioner’s assertions as true, he meets section 1170.95(a)'s requirements for relief, the court must issue an order to show cause. In assessing the prima facie showing, the trial court should not weigh evidence or make credibility determinations.