People v. Villalobos CA2/3

INTRODUCTION

In 2003, a jury found defendant Marcos Villalobos guilty of first degree murder. Villalobos now appeals from an order denying his petition for resentencing under Penal Code section 1170.95 at the prima facie stage.1 Although the jury was not instructed on any now-abrogated theory of liability, Villalobos argues that the jury may have convicted him under a theory of imputed malice or using the natural and probable consequences doctrine. We find the record conclusively establishes Villalobos’s ineligibility for resentencing and affirm the trial court’s denial of his petition.

FACTUAL AND PROCEDURAL BACKGROUND

The Underlying Offense2 One evening in December 2002, Villalobos was at a house party in La Puente, California. Mark Fernandez, Richard

1 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.

2 We derive our factual and procedural background of this case from the nonpublished opinion affirming Villalobos’s judgment of…