Error and/or relief
The defendant—whom a jury convicted of first degree murder in 1992—appeals the trial court’s order denying his Penal Code section 1172.6 resentencing petition at the prima facie stage. He contends he is entitled to an evidentiary hearing on his petition because the jury might have convicted him as a mere participant—rather than as the actual killer—under a felony murder theory of liability. The record of conviction, however, reveals no path permitting the jury to convict him as anything other than the actual killer. And he puts forth no specific facts that identify someone else as the direct perpetrator. Nor does he challenge any other elements of his conviction. We therefore conclude the court properly denied the petition, but we remand to give the defendant the opportunity to file an amended petition to address its current deficiencies.
Holding:
The record of conviction reveals no path permitting the jury to convict the defendant as anything but the actual killer. Out of an abundance of caution, however, we grant his request for an opportunity on remand to plead additional relevant facts in support of his petition. Accordingly, we conditionally affirm.
Authority:
People v. Patton (2025) 17 Cal.5th 549, 567
People v. Curiel (2023) 15 Cal.5th 433, 462
People v. Glass (2025) 110 Cal.App.5th 922, 925