People v. Aceves CA4/3

DISCUSSION

In his supplemental brief, appellant requests that we review the record to determine whether his petition was properly denied. He also asks us to correct an alleged clerical error that appears on some parole paperwork he was provided back in 2010. Appellant’s latter request is outside the purview of this appeal, which is limited to the propriety of the trial court’s ruling on his petition for resentencing. (See People v. Farfan (2021) 71 Cal.App.5th 942, 947.) If appellant wants to challenge the accuracy of the parole board’s records, he must first exhaust the administrative remedies that are available to him in prison. (See In re Dexter (1979) 25 Cal.3d 921, 925.) As for appellant’s resentencing request, section 1172.6 makes clear that resentencing relief is limited to defendants who were convicted of murder or attempted murder based on a theory of imputed liability, i.e., where malice was imputed to the defendant based solely on his or her participation in a crime. (§ 1172.6, subd. (a).) Appellant’s jury did receive two instructions that are traditionally associated with imputed liability. However, as we now explain, the jury could not have convicted appellant of…