People v. Guerrero CA4/2

statement of the case. Defendant was offered the opportunity to file a personal

supplemental brief, which he has done. Defendant contends that the amendments to

section 1170.95 (Stats. 2021, ch. 551, § 2) enacted by Senate Bill No. 775 (2020-2021

Reg. Sess.), provide that all persons convicted of murder under any theory in which

malice is imputed to the defendant solely based on their participation in a crime,

including direct aiding and abetting, are eligible for relief. We affirm.

I. FACTUAL AND PROCEDURAL BACKGROUND2

On April 10, 2005, Anthony Lopez was traveling on Mission Boulevard in his

1988 Cadillac and saw a friend, Richard Gutierrez, riding his bicycle near Mission

Boulevard. Lopez stopped near Lee’s Market, and Gutierrez came over to the driver’s

side window of Lopez’s car to talk to him. A few minutes later, a car stopped quickly

near them, and a man, later identified as defendant’s son, Edwardo Guerrero, got out of

All further statutory references are to the Penal Code unless otherwise indicated.

2On the court’s own motion, we take judicial notice of the nonpublished opinions from defendant’s appeal from the judgment and his appeal from his previous…