People v. Quintero CA5

INTRODUCTION

Defendant Victor Manuel Quintero was convicted of voluntary manslaughter in 2018 and petitioned for relief from his conviction under Penal Code section 1172.6.1 He appeals from the trial court’s denial of his petition following an evidentiary hearing and argues that the evidence was not sufficient to prove that he was guilty of voluntary manslaughter as either an actual killer or an aider and abettor. The People respond that the court should have found defendant ineligible for relief at the prima facie stage because the jury was not instructed as to either felony murder or natural and probable consequences murder. We conclude that defendant was ineligible for relief under section 1172.6 as a matter of law and affirm the denial of his petition on that ground.

PROCEDURAL BACKGROUND

The District Attorney of Kern County charged defendant with murder (§ 187, subd. (a); count 1), assault with a semiautomatic firearm (§ 245, subd. (b); count 6), assault with a firearm (§ 245, subd. (a)(2); count 7), exhibiting a firearm (§ 417, subd. (a)(2); count 8), assault with force likely to cause great bodily injury (§ 245, subd. (a)(4); count 9), unlawful firearm possession (§…