People v. Carlstrom 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 determined Carlstrom was guilty of second degree murder (§ 187, subd. (a)), and the trial court sentenced him to 15 years to life in prison. In May 2019, Carlstrom filed a petition to vacate his murder conviction and for resentencing under section 1170.95. The petition alleged, “One of the three prosecution theories of liability for [Carlstrom] submitted to the jury was ‘aiding and abetting—natural and probable consequences’ . . . ‘[and t]he record does not disclose which theory the jury relied on in convicting”’ him. Carlstrom argued he was eligible under section 1170.95 to have his second degree murder conviction vacated.

1 All further statutory references are to the Penal Code.

2 The trial court appointed counsel and held a hearing at which it denied Carlstrom’s petition for resentencing without issuing an OSC. The court determined the Court of Appeal in the Guillen opinion held there was sufficient evidence supporting the conviction and the mental component of malice. “In light of the appellate court’s finding of…