P. v. Beaudreaux
Annotate this CaseThis case pertains to a defendant, Nicholas Beaudreaux, who was convicted of first-degree murder and attempted robbery. He is serving a 50-year sentence. Beaudreaux made two unsuccessful attempts to petition for resentencing under Penal Code section 1172.6. The trial court ruled that the denial of relief on his first petition, which was affirmed in 2020, forecloses relief. However, Beaudreaux appealed again, citing the Supreme Court’s decision in People v. Lewis and Senate Bill No. 775, which clarified the procedural law governing section 1172.6 resentencing proceedings. He claimed that the trial court erred at the prima facie stage of these resentencing proceedings by not appointing counsel and relying on substantive facts from this court’s 2011 opinion affirming his conviction. However, the court concluded that these errors were harmless. The dispositive question was whether, based on the record of conviction, it must be concluded that Beaudreaux was convicted as Drummond’s actual killer. The court believed so, and therefore, Beaudreaux's attempt to allege entitlement to section 1172.6 relief was refuted. The order dismissing Beaudreaux’s second petition for section 1172.6 relief was affirmed.
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