People v. Trejo CA2/3

INTRODUCTION

In 1996, a jury convicted appellant Juan Carlos Trejo of second degree murder and premeditated attempted murder on a direct aiding and abetting theory. The jury was not instructed on the natural and probable consequences doctrine or the felony murder rule. In 2021, Trejo filed a petition for resentencing under Penal Code1 section 1170.95 (now § 1172.6)2 in which he argued that the jury convicted him of murder and attempted murder under an invalid imputed malice theory of liability. The trial court summarily denied the petition without addressing Trejo’s attempted murder conviction. Senate Bill No. 775 (2021–2022 Reg. Sess.) (SB 775), which took effect after the trial court denied Trejo’s petition, amended section 1172.6 to permit individuals convicted of murder under a theory of imputed malice and of attempted murder under the natural and probable consequences doctrine to petition for resentencing. On appeal, Trejo contends that SB 775 applies retroactively and that the case should be remanded for a new hearing on whether a prima facie case for eligibility exists under section 1172.6. We agree that SB 775 applies to this appeal but conclude that the record of…