People v. McDaniels CA2/4

INTRODUCTION

In a prior opinion regarding this appeal from the denial of a petition for relief under Penal Code section 1170.95, we concluded appellant Rashon Tremain McDaniels was ineligible for relief as a matter of law, and therefore affirmed.1 Our Supreme Court granted review and transferred the matter back to this court, with directions that we vacate our prior decision and reconsider the cause in light of Senate Bill No. 775 (Reg. Sess. 2021-2022) (SB 775). After reconsidering the cause, we conclude that appellant remains ineligible for relief as a matter of law. We therefore affirm.

BACKGROUND

In 2010, a jury found appellant and a co-defendant guilty of premeditated attempted murder and shooting at an inhabited dwelling. The trial court had instructed the jury that to be guilty of attempted murder, the defendant must

Undesignated statutory references are to the Penal Code.

2 have acted with the intent to kill.2 The jury was instructed on a theory of direct aiding and abetting, which included the requirement that the defendant knew of the perpetrator’s unlawful purpose and intended to aid the perpetrator’s commission of that crime. The jury received no instruction…