People v. Darden CA4/2

I.

INTRODUCTION

Defendant and appellant Telesforo Joseph Darden appeals from the trial court’s

order denying his Penal Code1 section 1172.6 petition for resentencing at the prima facie

review stage. A jury convicted defendant of attempted premeditated murder (§§ 187,

664), along with numerous other felonies, for helping an accomplice commit a gang-

related shooting. On appeal, defendant asserts he is eligible for resentencing relief

because the jury instructions when read together show he was convicted on a theory of

imputed malice or theories of liability that are no longer valid.

II.

FACTUAL AND PROCEDURAL BACKGROUND2

Defendant drove codefendant Jason Coryell to an apartment where rival gang

member H.B. was. When H.B. emerged, Coryell shot at him. As defendant and Coryell

sped away, Coryell fired more shots, hitting a car and a house. (Coryell, supra, at p. 5.)

The police were called and a description of defendant’s vehicle went out.

(Coryell, supra, at p. 6.) Riverside Sheriff’s Deputy Dan Kelly soon spotted the vehicle

1 All future statutory references are to the Penal Code unless otherwise stated.

2 We provide factual context relating to the attempted murder…