Vizcarra

INTRODUCTION

In 2001, Gerardo Vizcarra was convicted of the second degree murder of

Richard Holcomb (Pen. Code, § 187, subd. (a)).1 Vizcarra and three confederates beat, kicked, and stabbed Holcomb to death after he bumped a mutual companion’s young child into a wall while playing with him. In 2019, Vizcarra filed a petition to vacate his murder conviction and to be resentenced under section 1172.6 based on changes to our state’s murder laws effectuated by Senate Bill No. 1437 (2017–2018 Reg. Sess.) (hereafter, Senate Bill 1437) and Senate Bill No. 775 (2020–2021 Reg. Sess.) (hereafter,

Senate Bill 775).2 The trial court denied the petition for resentencing, finding Vizcarra was not entitled to relief because he remained liable for Holcomb’s murder under a still-valid theory of liability—to wit, he directly aided and abetted an implied malice murder. Vizcarra appeals the order denying his petition for resentencing. He argues direct aiding and abetting of implied malice murder is not a legally- valid theory of murder liability. Further, he argues he is entitled to resentencing under Senate Bill No. 1393 (2017–2018 Reg. Sess.) (hereafter, Senate Bill 1393), which grants courts…