People v. Patino CA4/3

FACTS AND PROCEDURAL HISTORY

In April 2009, a jury found Patino guilty of first degree murder and participation in a criminal street gang. It also found he had committed the murder for the benefit of a criminal street gang and had intentionally discharged a firearm in the commission of the offense. Patino was sentenced to 50 years to life in prison. This division affirmed his conviction in People v. Patino (Nov. 24, 2010, G042255) [nonpub. opn.]. In July 2023, Patino filed a resentencing petition under section 1172.6. A public defender was appointed to represent him, and a prima facie hearing was held in September 2023. After the hearing, the court concluded Patino was ineligible for relief because the jury was not instructed on the felony-murder doctrine or the natural and probable consequences theory of murder. Patino filed a notice of appeal following the denial of his section 1172.6 petition. His appointed counsel filed an opening brief that raised no arguable issues and asked this court to independently review the record under Delgadillo.

1 All further undesignated statutory references are to the Penal Code.

2 On January 24, 2024, this Court issued an order granting Patino…