People v. Frias CA2/8

BACKGROUND

In 2011, a jury convicted appellant Andres Frias of first degree murder and found true that he committed the offense for the benefit of a gang and a principal in the crime discharged a firearm causing great bodily injury and death. (§§ 187, subd. (a); 186.22, subd. (b)(1)(C); 12022.53, subd. (d). The trial court sentenced Frias to 50 years to life in prison for the murder and enhancements. On May 27, 2022, Frias filed a petition for resentencing pursuant to section 11790.95 (now renumbered 1172.6). Frias was represented by counsel. The People filed a response, arguing Frias was ineligible for relief because the jury was not instructed on a theory of liability now invalid under Senate Bill No. 1437 and because he was prosecuted as the actual killer. The jury instructions were attached as Exhibit 4 to the People’s response. Frias filed a reply, conceding that the jury instructions did not assert a now invalid theory of liability, but arguing nonetheless that the record of conviction did not show ineligibility for relief as a matter of law. On October 19, 2023, the trial court denied the petition, finding that the jury instructions and verdicts showed Frias had not been…