People v. Diaz CA4/3

FACTS

A complete recitation of the facts can be found in our prior nonpublished opinion People v. Diaz (June 25, 2019, G055781). As relevant here, a jury convicted Diaz of attempted 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 Diaz to 20 years to life in prison. In 2023, Diaz 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 Diaz was ineligible for relief because “[i]t was clear that . . . Diaz was an active participant in that crime of attempted murder and personally harbored the intent to kill as found by the jury.” Diaz appealed.

DISCUSSION

Effective January 1, 2019, Senate Bill No. 1437 (2017–2018 Reg. Sess.) (Stats. 2018, ch. 1015) amended sections 188 and 189 to eliminate natural and probable consequences liability for murder and to limit the scope of the felony murder rule. (People v. Lewis (2021) 11 Cal.5th 952, 957, 959.) This legislation also added section 1172.6, which provided a procedure under which “[a]…