Tag Archives: Elements of crime

Amelioration, Elements of crime, Sentencing, Vicarious liability

Case: 000330

Posted on by Gary McCurdy

Error and/or relief

On this appeal from denial of the defendant’s petition under section 1172.6 at the prima facie stage, where the petition consisted of a check-box form, we remand with instructions for the trial court to consider any amended allegations filed by the defendant within 30 days of remand.

First Holding:

In 2019, the Legislature enacted SB 1437, which altered the rules of murder liability to ensure culpability more closely matched punishment. As part of this reform, the Legislature amended section 188 to prohibit imputing malice based solely on a defendant’s participation in a crime. In effect, a defendant can no longer be convicted of murder under an aiding and abetting theory merely because a killing was a natural and probable consequence of another intended offense.

Authority:

PEN 188

People v. Arellano (2024) 16 Cal.5th 457, 472

People v. Gentile (2020) 10 Cal.5th 830, 839

Second Holding:

To provide retroactive relief, SB 1437 also established a resentencing process, now codified in section 1172.6. This statute permits individuals convicted of murder, attempted murder, or manslaughter under a theory of imputed malice to petition the sentencing court to vacate the conviction and seek resentencing.

Authority:

PEN 1172.6(a)

Third Holding:

Once the court receives such a petition, the section 1172.6 process unfolds in three distinct stages. At the first stage, a petitioner need only submit a facially sufficient petition that alleges the statutory prerequisites for relief. If the petition is facially valid, the petitioner is entitled to the appointment of counsel, if requested, and the matter proceeds to the second stage. At the second stage, the trial court must determine whether the petitioner has made a prima facie showing of eligibility for relief. If the court finds the petitioners have met their burden of establishing a prima facie case, the court must then issue an order to show cause and proceed to the third stage: an evidentiary hearing at which the prosecution bears the burden of proving, beyond a reasonable doubt, that the petitioners remain guilty under current law.

Authority:

PEN 1172.6

People v. Patton (2025) 17 Cal.5th 549, 562

Fourth Holding:

Patton makes clear that at the second stage a trial court may consider uncontroverted facts from the record of conviction. This includes an evaluation of preliminary hearing evidence to determine whether a still-valid theory of liability supported the conviction. However, Patton also teaches that at the second stage petitioners have the opportunity to show why they are not ineligible, despite what might appear in preliminary hearing transcripts. To meet the burden of establishing a prima facie case for relief, the petitioner must provide nonconclusory allegations that alert the court and prosecution to the issues to be decided at the evidentiary hearing.

Authority:

People v. Patton (2025) 17 Cal.5th 549, 567

Amelioration, Elements of crime, Jury instructions, Retroactivity, Vicarious liability

Case: 000329

Posted on by Gary McCurdy

Error and/or relief

Habeas petition granted, because the defendant was convicted of first degree murder as an aider and abettor under the natural and probable consequences doctrine found improper under Chiu, decided shortly after his conviction was final. The record does not establish beyond a reasonable doubt he was convicted of first degree murder under another, valid theory of liability. We grant the petition and remand to the trial court so the People may decide whether to retry petitioner on the first degree murder charge or accept a reduction of the conviction to second degree murder.

First Holding:

An aider and abettor may not be convicted of first degree premeditated murder under the natural and probable consequences doctrine. Natural and probable consequences liability cannot extend to first degree premeditated murder because punishing someone for first degree premeditated murder when that person did not actually perpetrate or intend the killing is inconsistent with reasonable concepts of culpability.

Authority:

People v. Chiu (2014) 59 Cal.4th 155, 165

Second Holding:

This holding is retroactive to convictions already final at the time Chiu was decided.

Authority:

In re Martinez (2017) 3 Cal.5th 1216, 1222

Third Holding:

When a trial court instructs a jury on two theories of guilt, one of which was legally correct [e.g., direct aiding and abetting] and one legally incorrect [i.e., natural and probable consequences], reversal is required, unless the court concludes beyond a reasonable doubt that the jury based its verdict on the legally valid theory that defendant directly aided and abetted the premeditated murder.

Authority:

People v. Chiu (2014) 59 Cal.4th 155, 165, 167

In re Lopez (2023) 14 Cal.5th 562, 568 [a reviewing court may hold the error harmless where it would be impossible, based on the evidence, for a jury to make the findings reflected in its verdict without also making the findings that would support a valid theory of liability]

Amelioration, Elements of crime, Retroactivity, Sentencing

Case: 000323

Posted on by Gary McCurdy

Error and/or relief

Remanded for retrial of the strike prior allegation. The amended version of section 186.22 must be applied in determining whether prior convictions with a gang enhancement qualify as serious felonies under the Three Strikes law.

First Holding:

In 2021, the Legislature passed AB 333, which amended section 186.22. This legislation narrowed the definition of a criminal street gang, the definition of a pattern of criminal activity, and what it means for an offense to have commonly benefitted a street gang. Moreover, because these changes are ameliorative in nature, they apply to nonfinal judgments on appeal.

Authority:

People v. Tran (2022) 13 Cal.5th 1169, 1206-1207

Second Holding:

In Fletcher, relying in part on the present conditional phrasing of section 1192.7(c)(28)—which applies to any felony offense that would also constitute a felony violation of section 186.22–the Supreme Court held that current law (i.e., AB 333) applies to the determination of whether a prior conviction qualifies as a prior serious felony conviction under section 1192.7(c)(28). The Supreme Court also concluded that there was insufficient evidence in that case that the defendants’ convictions were obtained under AB 333’s more stringent requirements because the only evidence presented were the abstracts of judgment, which merely showed the offenses and gang enhancements. Accordingly, the Supreme Court vacated the strike prior findings and directed the Court of Appeal to remand with instructions to retry the gang allegations under AB 333’s amendments to section 186.22.

Authority:

PEN 1192.7(c)(28)

People v. Fletcher (2025) 18 Cal.5th 576, 603-604

Amelioration, Elements of crime, Sentencing

Case: 000312

Posted on by Gary McCurdy

Error and/or relief

The defendant appeals the denial of his motion to strike a strike that was based on gang activity under the definition existing prior to the changes to PC 186.22 enacted by AB 333. The motion should have been granted, and we vacate the defendant’s admission of that strike.

First Holding:

The Three Strikes law doubles a felony sentence if the defendant has a prior conviction for a serious felony, which includes any felony offense, which would also constitute a felony violation of section 186.22. The prior firearm conviction constitutes a strike if committed for the benefit of a criminal street gang pursuant to section 186.22(b)(1).

Authority:

AB 333

PEN 1192.7(c)(28)

PEN 667

People v. Briceno (2004) 34 Cal.4th 451, 456

Second Holding:

AB 333, effective January 1, 2022, amended section 186.22 to narrow the definition of benefit to mean to provide a common benefit to members of a gang where the common benefit is more than reputational. Examples of a common benefit that are more than reputational may include, but are not limited to, financial gain or motivation, retaliation, targeting a perceived or actual gang rival, or intimidation or silencing of a potential current or previous witness or informant. This provision applies retroactively to cases that are not final on appeal to determine whether a prior violation of section 186.22 constitutes a strike. With regard to prior convictions that are premised on violations of section 186.22, current law applies in determining whether they qualify as prior serious felony convictions.

Authority:

PEN 186.22(g)

People v. Fletcher (2025) 18 Cal.5th 576, 586-587

Amelioration, Elements of crime, Sentencing

Case: 000311

Posted on by Gary McCurdy

Error and/or relief

For a prior felony conviction based on gang criminal activity to qualify as a serious felony or a strike, it must have met the elements of section 186.22 as amended by AB 333. In this People’s appeal from the dismissal of that strike, we affirm the trial court’s order.

First Holding:

The Three Strikes law doubles a felony sentence if the defendant has a prior conviction for a serious felony, which includes any felony offense that would also constitute a felony violation of Section 186.22. The prior firearm conviction constitutes a strike if committed for the benefit of a criminal street gang pursuant to section 186.22(b)(1).

Authority:

PEN 1192.7(c)(28)

PEN 667

People v. Briceno (2004) 34 Cal.4th 451, 456

Second Holding:

AB 333, effective January 1, 2022, amended section 186.22 to narrow the definition of benefit to mean to provide a common benefit to members of a gang where the common benefit is more than reputational. Examples of a common benefit that are more than reputational may include, but are not limited to, financial gain or motivation, retaliation, targeting a perceived or actual gang rival, or intimidation or silencing of a potential current or previous witness or informant. This provision applies retroactively to cases that are not final on appeal to determine whether a prior violation of section 186.22 constitutes a strike. With regard to prior convictions that are premised on violations of section 186.22, current law applies in determining whether they qualify as prior serious felony convictions.

Authority:

PEN 186.22(g)

People v. Fletcher (2025) 18 Cal.5th 576, 586-587