People v. Petrovich CA4/3

FACTS

We incorporate by reference the detailed summary of facts set forth in Guillen, supra, 227 Cal.App.4th 934. Simply stated, in 2011 a jury convicted Petrovich of second degree murder (§ 187, subd. (a)), and the trial court sentenced him to 15 years to life in prison. In April 2019, Petrovich filed a petition to vacate his murder conviction and for resentencing under section 1170.95. The petition alleged as follows: “[1] A complaint, information or indictment was filed against me that allowed the prosecution to proceed under a theory of felony murder or murder under the natural and probable consequences doctrine; [¶] [2] At trial, I was convicted of 1st or 2nd degree murder pursuant to the felony murder rule or the natural and probable consequences doctrine; . . . [¶] [3] I could not now be convicted of 1st or 2nd degree murder because of changes

1 All further statutory references are to the Penal Code.

2 made to . . . §§ 188 and 189, effective January 1, 2019[;] [¶] . . . [¶] [and 4] I request that this court appoint counsel for me during this re-sentencing process.”

The trial court appointed counsel and held a hearing at which it denied Petrovich’s petition for…