Error and/or relief
Because the record of conviction did not establish the defendant was ineligible for relief as a matter of law, we reverse and remand for the trial court to set an evidentiary hearing under section 1172.6(d).
First Holding:
In 2019, the legislature enacted SB 1437, which amended the state’s murder laws to ensure culpability was commensurate with liability. The legislature later expanded its amendments with SB 775. SB 775 allowed defendants to seek resentencing if their convictions rested on any theory under which malice is imputed to a person based solely on that person’s participation in a crime, and they could not presently be convicted of murder or attempted murder because of changes to Section 188 or 189 made effective January 1, 2019.
To seek such relief, a defendant must file a petition under what is now section 1172.6. If petitioners make a prima facie showing that they are eligible for relief, the trial court must set an evidentiary hearing. If the record of conviction shows that the petitioner is ineligible for relief as a matter of law, the court may deny the petition at the prima facie stage.
Authority:
PEN 1172.6
People v. Lewis (2021) 11 Cal.5th 952, 971
Second Holding:
Because the trial court was incorrect there was no theory presented to the jury under which malice could have been imputed, we reverse.
Authority:
People v. Maldonado (2023) 87 Cal.App.5th 1257
Third Holding:
In Maldonado, the court traced how a defendant could be convicted of first degree murder without a requirement that the jury find the defendant harbored malice. It noted that CALCRIM No. 401 only requires an intent to aid and abet a crime. In the murder context, this instruction can muddy the waters because the crime is not necessarily the act that caused the death or may not be an act that would require a conscious disregard of human life.
Authority:
People v. Maldonado (2023) 87 Cal.App.5th 1257, 1264-1268
People v. Langi (2022) 73 Cal.App.5th 972
Fourth Holding:
Whether instructional error could have been raised on direct appeal is immaterial to the section 1172.6 analysis.
Authority:
People v. Lopez (2026) 19 Cal.5th 639, 649