People v. Lebeau CA2/3

INTRODUCTION

In 2001, a jury found defendant and appellant Patric Demon Lebeau guilty of second degree murder and two counts of attempted murder and, in connection with each of these counts, found true the allegation that Lebeau had personally discharged a firearm, which proximately caused great bodily injury and death. The jury was instructed on both direct aiding and abetting and felony murder but was not instructed on the natural and probable consequences doctrine. In 2019, Lebeau filed a petition for resentencing under Penal Code section 1172.6.1 Lebeau’s petition was filed before the change in the law that provided for resentencing for attempted murder convictions made under the natural and probable consequences doctrine, but his reply brief was filed after the change in the law and requested resentencing of his attempted murder convictions. The trial court denied the petition, concluding that, because the jury found true the allegation that Lebeau personally discharged a firearm, which proximately caused the death of the victim, he was the actual killer and thus was not entitled to relief. It held that the same reasoning applied to the attempted murder convictions. Although…