People v. Lopez CA2/1

BACKGROUND

In 2008, a jury convicted defendant of willful, deliberate and premediated attempted murder of a peace officer, along with several nonhomicide offenses. The trial court sentenced defendant to 114 years to life. Edward Alcala, defendant’s codefendant, pleaded guilty before trial. In 2021, defendant petitioned for resentencing under former section 1170.95, since renumbered 1172.6. The resentencing court appointed counsel for defendant, received briefing, and held a hearing as to whether defendant made a prima facie showing for relief. At the hearing, the parties confirmed defendant’s jury had not been instructed on the natural and probable consequences doctrine. The resentencing court then denied the petition, finding that in the case of attempted murder, section 1172.6 applies only to convictions under the natural and probable consequences doctrine. In support, the court cited the statutory language and People v. Coley (2022) 77 Cal.App.5th 539 (Coley). Defendant timely appealed.

Unspecified statutory citations are to the Penal Code.

DISCUSSION

Section 1172.6 allows defendants retroactively to seek resentencing for certain homicide offenses in light of changes…