Error and/or relief
The trial court was mistaken in concluding that the jury was not instructed on felony murder, and was therefore in error when it denied the petition for resentencing under section 1172.6 at the prima facie stage.
Holding:
A person convicted of felony murder may file a petition to have the murder conviction vacated and to be resentenced under section 1172.6. For reviewing the petition at the prima facie stage to determine whether it states facts that, if true, presents a qualifying claim, the Legislature has set the prima facie bar intentionally low.
The record in fact establishes that the jury was instructed on felony murder. Because the record of conviction does not preclude the possibility that the jury could have improperly imputed malice, the trial court erred in denying the defendant’s petition at the prima facie stage. Remanded for further proceedings.
Authority:
PEN 1172.6
People v. Lewis (2021) 11 Cal.5th 952, 972