People v. Dawson CA3

FACTS AND HISTORY OF THE PROCEEDINGS

Defendant was charged with first degree murder and torture for her role in stomping, punching, and kicking Audie Hogue to death. (Pen. Code, §§ 187, 206.) Defendant and codefendant Boulware both kicked and hit Hogue until he could not get up; he was found dead the next morning. Hogue had blunt force injuries to his head, neck, and torso and sustained multiple serious internal injuries. (Boulware, supra, C075063.) The jury was instructed on direct aider and abettor liability as well as malice aforethought murder but not instructed on felony murder or the natural and probable consequences doctrine. The jury found defendant guilty of second degree murder and torture. In her petition for resentencing pursuant to section 1170.95, defendant averred that (1) a complaint or information was filed against her that allowed the prosecution to proceed under a theory of felony murder or murder under the natural and probable consequences doctrine; (2) at trial, she was convicted of first or second degree murder pursuant to the felony-murder rule or the natural and probable consequences doctrine; and (3) she could not now be convicted of second degree murder…