People v. Fuqua CA3

BACKGROUND

In 1988, a jury found Fuqua guilty of first degree murder (§ 187, subd. (a)) and found true that he personally used a firearm (§ 12022.5). The trial court had only instructed the jury on malice aforethought murder. The court sentenced Fuqua to life with the possibility of parole. On direct appeal, this court granted him an additional day of custody credit and affirmed the judgment as modified. (People v. Fuqua (Mar. 5, 1990, C004789) [nonpub. opn.].) In 2019, Fuqua petitioned for relief under what is now section 1172.6. The trial court denied the petition because the jury “was not instructed on any theory of accomplice liability or felony-murder” and Fuqua was therefore ineligible for relief. In 2023, Fuqua again petitioned for resentencing pursuant to section 1172.6. He also requested resentencing under Assembly Bill No. 2942 (2017-2018 Reg. Sess.) and former section 1170, subdivision (d)(1) (now § 1172.1). The trial court again denied the section 1172.6 petition, reasoning that “the basis for denying the first petition remains applicable.” The court further concluded that Fuqua could not initiate the recall process under section 1172.1. Fuqua timely appealed the…