In re Courtney CA3

BACKGROUND

In 2005, a jury found petitioner Derrick Courtney guilty of first degree murder (Pen. Code, §§ 187, subd. (a), 189)1 with a finding that a principal was armed with a firearm in the commission of the offense (§ 12022.2, subd. (a)(1)). Later, after finding true a special circumstance allegation that defendant had a prior conviction for first degree murder (§ 190.2, subd. (a)(2)), the trial court sentenced petitioner to state prison for life without the possibility of parole plus an additional year for the section 12022.2 finding. (People v. Courtney (Jan. 4, 2008, C051548) [nonpub. opn.].)

Undesignated statutory references are to the Penal Code.

1 Petitioner’s jury was instructed that it could find him guilty of murder pursuant to the “natural and probable consequences doctrine” if it concluded he aided and abetted the target offense of assault with force likely to produce great bodily injury. In 2014, our Supreme Court decided People v. Chiu (2014) 59 Cal.4th 155 (Chiu), holding that a murder conviction premised on the natural and probable consequences doctrine was limited to second degree murder, even if the direct perpetrator is guilty of premeditated first…