People v. Kinsey CA4/3
Opinion
Opinion
STATEMENT OF FACTS
I.
DEFENDANT’S GUILTY PLEA AND PETITION FOR RESENTENCING
As the factual basis for his guilty plea on count 1, defendant stated: “On September 15, 1994[,] I with [co-defendant] killed a human being with implied malice.” In his petition for resentencing, defendant averred: “1. A complaint, information, or indictment was filed against me that allowed the prosecution to proceed under a theory of felony murder, murder under the natural and probable consequences doctrine or other theory under which malice is imputed to a person based solely on that person's participation in a crime, or attempted murder under the natural and probable consequences doctrine. [Citation.] [¶] 2. I was convicted of murder, attempted murder, or manslaughter following a trial or I accepted a plea offer in lieu of a trial at which I could have been convicted of murder or attempted murder. [Citation.] [¶] 3. I could not presently be convicted of murder or attempted murder because of changes made to Penal Code §§ 188 and 189, effective January 1, 2019.” The court found defendant’s petition set forth a prima facie case for relief on count 1 and issued an order to show cause.