People v. McClure CA4/3

DISCUSSION

Penal Code section 1172.6 allows convicted murderers and attempted murderers to seek retroactive resentencing relief based on changes in the law that were ushered in by Senate Bill No. 1437 in 2019. (People v. Lewis (2021) 11 Cal.5th 952, 957.) However, one of the prerequisites for obtaining relief is that the defendant was convicted on a theory of imputed liability. (Pen. Code, § 1172.6, subd. (a).) Having reviewed the record of appellant’s underlying conviction, it is clear his jury was not instructed on any such theory. Rather, he was tried as the actual perpetrator of the charged offenses. By finding appellant guilty of attempted premeditated murder and personally discharging a firearm, the jury convicted him based on his own actions and his own malice. Therefore, he is ineligible for resentencing as a matter of law. (People v. Curiel (2023) 15 Cal.5th 433.)

DISPOSITION

The trial court’s order denying appellant’s petition for resentencing is affirmed.

BEDSWORTH, J.

WE CONCUR:

O’LEARY, P. J.

MOORE, J.

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