People v. Santana CA5

INTRODUCTION

Petitioner Henry Santana petitioned the trial court, pursuant to former section 1170.95 (now § 1172.6) of the Penal Code,1 for resentencing on his conviction for first degree murder (§ 187). The court determined petitioner did not make a prima facie claim for resentencing because he was convicted as an aider and abettor who acted with intent to kill. Petitioner contends the court erred in denying the petition because the “equally guilty” instruction given to the jury allowed the jury to convict petitioner under an imputed malice theory eliminated by Senate Bill No. 1437 (2017–2018 Reg. Sess.) (Senate Bill No. 1437). He further contends the conspiracy instructions were erroneous and allowed him to be found guilty of conspiracy to murder without requiring the jury find he personally harbored the intent to kill. We conclude the instructions and verdict establish petitioner’s ineligibility for resentencing as a matter of law. Accordingly, we affirm.

BACKGROUND2

On July 1, 2004, petitioner and his codefendants, Salvador Ortiz Mendoza and Francisco Orosco Garcia were charged in a first amended information with the murder of Roberto Ramirez (§ 187; count 1), kidnapping of…