People v. Lopez CA5

INTRODUCTION

In 2008, a jury found petitioner Felix Lopez guilty of the murder of Michael Valles.1 (Pen. Code, 2 § 187; count 1.) (People v. Lopez (2012) 208 Cal.App.4th 1049, 1060-1061 (Lopez).) In 2019, petitioner filed a petition for resentencing pursuant to section 1170.95. The trial court denied the petition on the ground petitioner was convicted under the provocative act doctrine and was not convicted of felony murder or murder under a natural and probable consequences theory, a statutorily disqualifying factor pursuant to section 1170.95, subdivision (a). On appeal, petitioner contends his murder conviction under the provocative act doctrine qualifies for resentencing. We reject petitioner’s contention and affirm.

FACTUAL AND PROCEDURAL HISTORY

Briefly stated, the facts underlying petitioner’s offense are as follows. 3 In January 2004, Paul Bargas accompanied a friend to the apartment of Daniel Lopez. 4 Daniel said, “ ‘[T]hat’s Paul Bargas. He’s no good. Green light on Paul Bargas.’ ” (Lopez, supra, 208 Cal.App.4th at p. 1053.) Testimony established that the phrases “ ‘no good’ ” and “ ‘green light’ ” indicated a gang member could attack or possibly murder the person.…