People v. Garcia CA4/3

FACTS

A complete recitation of the facts can be found in our prior nonpublished opinion, People v. Garcia (Feb. 19, 2003, G028942). The sole issue in this appeal is whether the trial court erred when it found Garcia ineligible for resentencing under section 1172.6. We include here only the facts relevant to the limited issue on appeal.

1 Effective June 30, 2022, the Legislature renumbered Penal Code former 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 A jury convicted Garcia of five counts of attempted willful, deliberate, and premeditated murder, among other offenses. The trial court provided the jury a set of standard instructions, which included CALJIC No. 8.67 (attempted murder—willful, deliberate, and premeditated). Under those instructions, to convict Garcia of the relevant counts, the jury was required to find that he had acted with the intent to kill. The court did not instruct the jury on the natural and probable consequences doctrine or any other theory of imputed malice. Following the jury’s…