P. v. Mitchell

Petitioner was convicted of murder and several gang-related offenses in 1988 after pleading guilty. He was sentenced to 25 years to life. In 2017, Defendant had a parole hearing, at which he accepted responsibility for the crime and admitted he helped plan the crime. Subsequently, Defendant sought SB 1437 relief. The trial court reviewed Defendant's parole hearing transcripts, among other evidence, and denied Defendant's request for resentencing.

The Second Appellate District affirmed the trial court’s order denying Defendant’s resentencing petition, finding that the evidence was sufficient to conclude he was a major participant who acted with reckless indifference to human life. The court also held that the lower court did not err in considering Defendant's testimony at his parole hearing. The court acknowledged that Defendant had differing incentives at the parole hearing and in his SB 1437 petition; however, nothing precluded the trial court from considering the parole testimony when reviewing the SB 1437 petition.