People v. Thietje CA3

BACKGROUND

We grant the People’s request to take judicial notice of the nonpublished opinion in defendant’s prior appeal. (Evid. Code, §§ 452, subd. (d), 459.) Among other things, that opinion said defendant “deliberately drove a van into the back of his exgirlfriend’s unoccupied car, propelling the car toward a group of people and provoking one of those persons to fire a shotgun into the van, killing defendant’s associate.” (Thietje, supra,

C078175.)

After this court affirmed defendant’s convictions, defendant filed a petition for resentencing pursuant to section 1170.95, averring that (1) a complaint or information was filed against him that allowed the prosecution to proceed under a theory of provocative act murder; (2) at trial, he was convicted of first or second degree murder pursuant to the provocative act murder doctrine; and (3) he could not now be convicted of second degree murder because of changes made to sections 188 and 189 effective January l, 2019. Defendant asked the trial court to appoint counsel to represent him. Defendant crossed out language on the form petition stating that a complaint or information was filed against him that allowed the prosecution to…