People v. Balion CA4/3

DISCUSSION

Balion seeks to be resentenced under section 1172.6, which allows “[a] person convicted of felony murder or murder under the natural and probable consequences doctrine or other theory under which malice is

1 In the record, the defendant’s name sometimes appears as Balion and, at other times, as Bailon. In our earlier nonpublished opinion affirming Balion’s judgment in the original proceeding, we used the name Bailon. (People v. Bailon (Aug. 2, 2011, G042849) [nonpub. opn.].) In this opinion, we use Balion because defendant signed his resentencing petition with that spelling.

2 All further statutory references are to the Penal Code. The form submitted by Balion on March 30, 2023, refers to section 1170.95. Effective June 30, 2022, however, the Legislature renumbered section 1170.95, without change, to section 1172.6 (Stats. 2022, ch. 58, § 10) and we refer to the statute as section 1172.6 throughout.

2 imputed to a person based solely on that person’s participation in a crime, attempted murder under the natural and probable consequences doctrine, or manslaughter [to] file a petition with the court that sentenced the petitioner to have the petitioner’s murder,…