Error and/or relief
Though we affirm the denial of the defendant’s petition under section 1172.6, the matter is remanded to give the defendant the opportunity to amend his petition to include details that refute the record of conviction on which the trial court concluded the defendant had not made a prima facie showing of eligibility for relief.
First Holding:
Add holding The defendant filed a form petition for relief under section 1172.6, seeking recall of his conviction in light of changes in the law on murder and attempted murder. He simply checked off the blanks. The record of conviction, however, showed that only one person–the defendant–committed the attempted murder. The defendant did not submit further response, and the petition was denied. After the denial, the Supreme Court decided Patton.
In Patton, although the Supreme Court affirmed the lower court’s order denying resentencing relief where Patton had offered only conclusory allegations of entitlement to relief under section 1172.6, at Patton’s request the Supreme Court remanded the case to the superior court with directions to consider an amended petition if Patton chose to file one. The defendant’s request here for similar disposition appears appropriate. It is unknown whether the defendant will be able to allege additional facts sufficient to make a prima facie showing, but we follow the California Supreme Court’s lead and remand the matter in an abundance of caution to permit him to file an amended petition if he is able to do so.
here
Authority:
People v. Patton (2025) 17 Cal.5th 549, 557
People v. Rodriguez (2026) 117 Cal.App.5th 1179, 1196
People v. Glass (2025) 110 Cal.App.5th 922, 925, 930
Second Holding:
Effective January 1, 2019, SB 1437 (2017–2018 Reg. Sess.) amended the felony murder rule and the natural and probable consequences doctrine, as it relates to murder, to ensure that murder liability is not imposed on a person who is not the actual killer, did not act with the intent to kill, or was not a major participant in the underlying felony who acted with reckless indifference to human life. It accomplished this by amending sections 188 and 189.
Authority:
People v. Lewis (2021) 11 Cal.5th 952, 957
Third Holding:
Effective January 1, 2022, SB 775 (2021–2022 Reg. Sess.) amended the statute to include attempted murder under the natural and probable consequences doctrine and manslaughter. The Legislature provided a procedure, now codified in section 1172.6, whereby defendants may petition the court to vacate their convictions and seek resentencing on any remaining counts if they show they could not now be convicted of murder, attempted murder or manslaughter because of the changes to sections 188 and 189. Alternatively, persons are eligible who accepted a plea offer in lieu of a trial at which the petitioner could have been convicted of murder. attempted murder or manslaughter under the law as it was before SB 1437 became effective.
Authority:
PEN 1172.6
People v. Lewis (2021) 11 Cal.5th 952, 957