People v. Salcida CA4/3

FACTS

A complete recitation of the facts can be found in our prior nonpublished opinion People v. Salcida (May 25, 2007, G036241). As relevant

1 Effective June 30, 2022, the Legislature renumbered former Penal Code section 1170.95 to section 1172.6 without substantive change. (Stats 2022, ch. 58, §10.) For clarity, we refer to the statute as section 1172.6 throughout the opinion. All further statutory references are to the Penal Code.

2 here, a jury convicted Salcida of first degree murder and other offenses. The jury had not been instructed on any theory of accomplice liability or any other theory of imputed malice. The trial court sentenced Salcida to life in prison without the possibility of parole. In 2022, Salcida filed a petition for relief under section 1172.6. After appointing counsel, receiving briefing, and holding a prima facie hearing, the trial court denied the petition. The court concluded that Salcida was ineligible for relief as a matter of law because “[t]he jury was instructed on one theory of guilt—that of an actual perpetrator/killer.” Salcida appealed.

DISCUSSION

Effective January 1, 2019, Senate Bill No. 1437 (2017–2018 Reg. Sess.) (Stats. 2018, ch.…