People v. Huizar CA2/2

BACKGROUND

Huizar was convicted by jury of one count of first degree murder (§ 187, subd. (a)), with true findings on the allegations that during the commission of the offense Huizar personally used and discharged a firearm from an occupied motor vehicle causing great bodily injury and death (§§ 12022.5, 12022.55). The trial court sentenced Huizar to an aggregate term of 30 years to life. On December 6, 2022, Huizar filed a section 1172.6 petition for resentencing. The superior court appointed counsel, and the district attorney filed a response to the petition. Defense counsel did not file a reply. In its response, the prosecution argued that because the jury was not instructed on felony murder, the natural and probable consequences doctrine, or any other theory of culpability based on imputed malice, Huizar’s murder conviction did not rest on any of these theories, and he is ineligible for relief as a matter of law. Rather, the jury in this case “was instructed on only one theory of guilt for first-degree murder: willful, deliberate and premeditated murder which required proof beyond a reasonable doubt of [Huizar’s] intent to kill (See CALJIC No. 8.20).” Indeed, the jury made…