People v. Sirypangno CA4/1

INTRODUCTION

In 2008, a jury convicted Konesavanh Donald Sirypangno1 of first degree murder, attempted murder, and assault with a semiautomatic firearm, with true findings he committed the crimes for the benefit of a criminal street gang, that he was a principal, and that a principal personally and intentionally discharged a firearm causing great bodily injury or death. After he prevailed in two petitions for writ of habeas corpus, his conviction for attempted murder was vacated and his conviction for first degree murder was reduced to second degree murder. In 2019, Sirypangno filed a petition under former Penal Code section

1170.95, now section 1172.6,2 which altered liability for those convicted of murder under the felony murder rule or the natural and probable consequences doctrine. He argued in relevant part that his second degree murder conviction should be vacated because he could not now be convicted of second degree murder under the newly amended murder laws. In 2022, following an evidentiary hearing, the trial court denied Sirypangno’s petition, finding he remained liable for second degree murder under a still valid theory, namely that he directly aided and abetted a…