People v. Leavelle CA4/3

FACTS

A complete recitation of the facts can be found in our prior nonpublished opinion, People v. Leavelle (May 21, 2003, G030574). The sole issue in this appeal is whether the trial court erred when it found Leavelle

1 All further statutory references are to the Penal Code. 2 ineligible for resentencing under section 1172.6. We include here only the facts relevant to the limited issue on appeal. A jury convicted Leavelle of, inter alia, attempted willful, deliberate, and premeditated murder. The trial court had provided the jury a set of standard instructions, which included CALJIC No. 8.67 (attempted murder—willful, deliberate, and premeditated). Under those instructions, to convict Leavelle of the relevant offense, the jury was required to find that he had acted with the intent to kill. The court did not instruct the jury on the natural and probable consequences doctrine, aiding and abetting, or any other theory of vicarious liability for attempted murder. Following the jury’s verdict, the court sentenced Leavelle to life in prison with the possibility of parole. In May 2023, Leavelle filed a petition for resentencing under section 1172.6. After the prosecution filed a…