People v. Eberly CA3

BACKGROUND

Eberly found his wife’s body in their backyard shed with a plastic bag taped over her head. Tests revealed that his wife was likely sedated and then asphyxiated, and blood was found in the house. (People v. Eberly (Oct. 30, 2017, C081527) [nonpub. opn.].) In 2016, a jury found Eberly guilty of the first degree murder of his wife. (§ 187, subd. (a).) The trial court sentenced him to 25 years to life in state prison. In 2023, Eberly filed a form petition for resentencing under section 1172.6. After appointing counsel for Eberly and receiving briefs from both parties, the trial court issued a tentative order concluding that Eberly was “ineligible for relief as a matter of law because the trial court did not instruct the jury on a now-invalid theory of criminal liability.” The court explained: “The record shows that the jury was not instructed on either the natural and probable consequences or felony-murder doctrines. Nor was the jury instructed on aiding and abetting.” Eberly therefore “failed to demonstrate an articulable case for relief.” At a hearing on the petition, the court adopted its tentative ruling as its final order. Eberly filed a timely notice of…