People v. Mangsanghanh CA5

INTRODUCTION

Petitioner Boulay Mangsanghanh petitioned the trial court for resentencing on her two convictions for first degree murder. (Pen. Code, 1 § 1170.95.) The court denied the petition on the ground petitioner is ineligible for resentencing because she was convicted of first degree murder as a direct aider and abettor and not under the felony-murder rule or natural and probable consequences doctrine. On appeal, petitioner contends the trial court reversibly erred in looking beyond her facially sufficient petition and engaging in premature factfinding. We conclude the court did not err and, in any event, the record of conviction establishes petitioner is ineligible for resentencing as a matter of law. Accordingly, we affirm.

FACTUAL AND PROCEDURAL HISTORY

The charges against petitioner arose out of an incident in which petitioner was alleged to have served as the getaway driver in a retaliatory gang-related shooting that resulted in the death of Nath Ouch and her unborn child. (People v. Mangsanghanh (Feb. 19, 2009, F054382) [nonpub. opn.] (Mangsanghanh).)2 Petitioner was tried jointly with codefendants Sokol Yann, Sokmorn Chea, and Jonathan Perkins. The jury convicted…