People v. Reyes CA4/1

DISCUSSION

Reyes’s appellate counsel has filed a brief raising no issues and requesting this court proceed pursuant to Delgadillo, supra, 14 Cal.5th 216. Counsel identifies the following issues to assist the court in its review: (1) Did the court err in denying Reyes’s petition at the prima facie stage?; (2) Did the court err in ruling on the petition without formally appointing counsel, setting a briefing schedule, or holding a hearing?; and (3) Did the court err in ruling that it lacked jurisdiction over the petition? Based on our independent review of the record, we conclude the court properly denied Reyes’s section 1172.6 petition at the prima facie stage. There is no indication in the record that the jury was instructed regarding aiding and abetting, the natural and probable consequences doctrine, or the felony murder rule. There were no codefendants at Reyes’s trial. Reyes was not an aider and abettor or major participant; he was the direct perpetrator of the murder. He is therefore ineligible for section 1172.6 relief as a matter of law. (See People v. Garcia (2022) 82 Cal.App.5th 956, 969–971 [affirming denial of section 1172.6 petition where record of conviction…