People v. Perez CA4/3

FACTS

Perez and an accomplice entered a convenience store in 1995, when Perez was 15 years old. One of them asked the night clerk, Nirmal Singh, for a pack of cigarettes. When Singh asked for an ID, Perez told the accomplice, “Pop him, pop him.” The accomplice shot Singh in the chest and Singh fell backwards to the floor. Perez immediately began climbing over the counter and, as he saw Singh moaning on the floor, repeatedly told the accomplice to “shoot him!” As the accomplice appeared to try to unjam the gun, Perez jumped over the counter and emptied the register, and the two then fled. Singh died of his wounds. A jury later convicted Perez of first-degree murder and second- degree robbery. The court sentenced him to a total of 26 years to life in prison. After the Legislature narrowed murder liability and made the changes retroactive, Perez petitioned to vacate his murder conviction (§ 1172.6). The trial court issued an order to show cause and, following an evidentiary hearing, denied the petition, finding beyond a reasonable doubt that Perez was guilty of murder as a direct aider and abettor acting with intent to kill. Although Perez argued the court was required to consider…