People v. Malfavon CA4/3

FACTS AND PROCEDURAL HISTORY

In 2001, a jury found Malfavon guilty of one count of second degree murder (§ 187, subd. (a)), and one count of assault on a child with force likely to produce great bodily injury resulting in death (§ 273ab). Malfavon was sentenced to an indeterminate term of 25 years to life on the assault count. His sentence on the murder count was stayed. Malfavon filed a resentencing petition under section 1172.6 in December 2023, and was later appointed counsel. The trial court dismissed his petition following a prima facie hearing. It found “[a] review of the record of conviction, including the instructions presented to the jury at trial, makes clear there was no felony murder doctrine or natural and probable consequences theory upon which the jury could have convicted [Malfavon]. [Malfavon] was determined to be the actual killer. Therefore, [Malfavon] would still be guilty of Murder under currently valid law.” Malfavon appealed. His counsel then filed a no-issue brief requesting independent review the record under Delgadillo. Specifically, his

1 All further undesignated statutory references are to the Penal

Code.

2 counsel asked us to review whether…