People v. Duncan CA2/4

INTRODUCTION

In 2003, a jury convicted defendant and appellant Caesar Duncan of second-degree murder and conspiracy to commit murder. In 2019, Duncan filed a petition for resentencing under Penal Code section 1170.95.1 The trial court granted Duncan relief on the murder conviction, but concluded he was ineligible for relief as a matter of law on the conspiracy to commit murder conviction. On appeal, Duncan contends the trial court erred by denying him relief on the conspiracy to commit murder conviction, arguing the jury could have convicted him under the natural and probable consequences doctrine. We are not persuaded. On its face, section 1170.95 does not apply to convictions for conspiracy to commit murder. Moreover, Duncan’s conspiracy to commit murder conviction required a finding by the jury that he harbored the intent to kill, making him ineligible for relief under the statute. The order denying him relief on the conspiracy to commit murder conviction is therefore affirmed.

BACKGROUND2

As noted above, in 2003, a jury convicted Duncan of second- degree murder (§ 187, subd. (a); count one) and conspiracy to commit murder (§ 182, subd. (a)(1); count three). The jury also…