People v. Wedel CA5

background regarding the evidence presented at trial and noted that the prosecution had proceeded only upon a charge of second degree murder, relying on an implied malice theory and a second degree felony murder theory. (People v. Wedel (May 3, 2005, F044476) [nonpub. opn.].)1 On June 11, 2020, appellant petitioned for resentencing under Penal Code former section 1170.95 by submitting a preprinted form. By checking various boxes, appellant alleged he had been charged with an offense that allowed the prosecution to proceed under a felony murder theory, that he was convicted of second degree murder pursuant to the felony murder rule or the natural and probable consequences doctrine, and that he could no longer be convicted of second degree murder because of changes made to Penal Code sections 188 and 189. Appellant requested appointment of counsel and checked boxes stating he “was not the actual killer,” “did not, with the intent to kill, aid, abet, … or assist the actual killer in the commission of murder in the first degree,” “was not a

This court grants the People’s motion for judicial notice of this court’s prior opinion. (People v. Wedel, supra, F044476.) As the facts…