Antonelli

Opinion of the Court by Groban, J.

In 1991, a jury convicted defendant Timothy Patric Antonelli of first degree murder under the provocative act doctrine based on his role in a home invasion robbery during which one of his accomplices was killed by a victim. In 2018, the Legislature enacted Senate Bill No. 1437 (2017–2018 Reg. Sess.) (Senate Bill 1437),1 which, as amended in 2021 by Senate Bill No. 775 (2021–2022 Reg. Sess.) (Senate Bill 775), makes eligible for resentencing persons convicted of murder pursuant to a “theory under which malice is imputed to a person based solely on that person’s participation in a crime.” (Pen. Code, § 1172.6, subd. (a), as amended by Stats. 2021, ch. 551, § 2.)2 Defendant sought relief pursuant to the statute, arguing that he was convicted of murder under “ ‘a provocative act theory whereby malice was imputed to [him] based on his participation in the robbery.’ ” (People v. Antonelli (2023) 93 Cal.App.5th 712, 718 (Antonelli).) The trial court summarily denied the petition. Defendant appealed and the Court of Appeal below affirmed, holding that defendant was categorically ineligible for relief under section 1172.6 as a matter of law because the…