People v. Secundino CA4/3

FACTS

In October 2023, defendant filed a petition for resentencing and averred: “1. A complaint, information, or indictment was filed against me that allowed the prosecution to proceed under a theory of felony murder, murder under the natural and probable consequences doctrine or other theory under which malice is imputed to a person based solely on that person’s participation in a crime, or attempted murder under the natural and probable consequences doctrine. [Citation.] [¶] 2. I was convicted of murder, attempted murder, or manslaughter following a trial or I accepted a plea offer in lieu of a trial at which I could have been convicted of murder or attempted murder. [Citation.] [¶] 3. I could not presently be convicted of murder or attempted murder because of changes made to [sections] 188 and 189, effective January 1, 2019.” The court appointed counsel for defendant and received additional briefing from the prosecution. In a statement of decision, the court held defendant was ineligible for relief on the murder conviction because “the jury was instructed only on the law of murder with a voluntary manslaughter as a lesser included offense.” The court emphasized the jury was…