People v. Lek CA6

I. BACKGROUND

A. Lek’s Conviction

In 2008, Lek pleaded no contest to attempted murder (§§ 664, 187, subd. (a)) with an allegation that he personally used a firearm (§ 12022.5, subd. (a)) and voluntary manslaughter (§ 192, subd. (a)) with an allegation that he personally and intentionally discharged a firearm (§ 12022.53, subd. (c)). He was sentenced to a total term of 30 years in prison. B. The Petition for Resentencing

In 2023, Lek filed a form petition for resentencing under then-section 1170.95 (now renumbered to section 1172.6). In the petition, Lek alleged that the charges filed permitted the prosecutor to proceed under a theory of imputed malice, that he was convicted by plea in lieu of a trial at which he could have been convicted of murder or attempted murder, and that he could no longer be convicted of murder or attempted murder under the changes made to sections 188 and 189 by Senate Bill No. 1437 (2017– 2018 Reg. Sess.) (Senate Bill 1437), effective January 1, 2019. After receiving the facially sufficient petition, the trial court appointed counsel and set the matter for an evidentiary hearing after issuing an order to show cause. In preparation for the…