People v. Peralez CA4/2

BACKGROUND

A jury found defendant guilty of a number of offenses, including attempted

premediated murder. (§§ 187, subd. (a), 664.) It also found true that, in the commission

of the attempted murder, he personally and intentionally discharged a firearm

proximately causing great bodily injury. (§§ 12022.53, subd. (d), 1192.7, subd. (c)(8).)

In April 2011, the trial court sentenced him to a prison term of 67 years to life.

Defendant appealed and we affirmed the judgment. (People v. Peralez (Feb. 16, 2012,

E053297) [nonpub. opn.] (Peralez I.).)

In October 2022, defendant filed a petition for resentencing in which he averred he

was charged in a manner that allowed him to be prosecuted on a theory of imputed malice

or under the natural and probable consequences doctrine. The court set a status

conference and appointed counsel for defendant. Defendant submitted written arguments

asserting his petition was facially sufficient and, therefore, the court should issue an order

to show cause and set an evidentiary hearing. The court granted the People’s request for

judicial notice of the jury instructions.

Defendant’s petition was filed on a section 1172.7 petition for…