People v. Camarena CA4/2

FACTS

The People charged and tried appellant Jose Camarena on one count of willful,

premeditated, and deliberate murder (Pen. Code, § 187, subd. (a), unlabeled statutory

citations refer to this code) and one count of assault with a firearm (§ 245). The People

also tried Camarena for personally using a firearm (§§ 12022.5, subd. (a), 1192.7, subd.

(c)(8)) and acting for the benefit of, at the direction of, and in association with a criminal

street gang (§ 186.22, subd. (b)).

In October 2000, a jury found Camarena guilty of first degree murder and assault

with a firearm, and found the enhancement allegations to be true. The trial court

sentenced Camarena to prison for 14 years plus 25 years-to-life, and we affirmed.

(People v. Camarena (June 26, 2002, E029567) 2002 WL 1397105 [nonpub. opn.].)

2 In March 2024, Camarena petitioned for resentencing under section 1172.6. The

petition alleged (1) a complaint, information, or indictment was filed against him that

allowed the prosecution to proceed under a theory of felony murder, murder under the

natural and probable consequences doctrine, or other theory under which malice is

imputed to a person based solely on that…