People v. Rodriguez CA2/3

INTRODUCTION

In 2004, a jury convicted Daniel Rodriguez and a codefendant of attempted murder. Rodriguez now appeals from an order denying his petition for resentencing under Penal Code section 1170.95.1 The trial court concluded Rodriguez failed to make a prima facie showing of eligibility for resentencing relief. We reverse the order denying Rodriguez’s petition because the jury was instructed on the natural and probable consequences doctrine and the record of conviction does not conclusively establish that he is ineligible for relief as a matter of law.

FACTS AND PROCEDURAL BACKGROUND

The Underlying Offense2 One afternoon in April 2004, Rodriguez and Yesica Maribel Cambero stopped in a van near a house in the Valinda area of

All further undesignated statutory references are to the Penal Code. Effective June 30, 2022, section 1170.95 was renumbered to section 1172.6, with no change in text. (Stats. 2022, ch. 58, § 10.) We therefore refer to the statute as section 1172.6 for the remainder of this opinion.

We derive the factual background relating to the underlying offense from the Court of Appeal opinion affirming the judgment of conviction for both defendants.…