People v. Muro CA4/3

FACTS

As detailed in our prior opinion, while an inmate of the Central Men’s Jail, Muro slashed another inmate’s throat. A jury convicted Muro of premeditated attempted murder resulting in great bodily injury, and the trial court sentenced him to a total term of 39 years to life in state prison. In 2023, Muro filed a petition for resentencing under section 1172.6. The People opposed Muro’s petition; they argued Muro was ineligible for resentencing because the record of conviction demonstrated he was convicted of attempted murder as the actual perpetrator rather than under a theory of imputed malice. In support of their position, the People relied on the jury instructions, the jury finding the great bodily injury and weapon enhancements true, and the finding the crime was committed willfully, deliberately, and with premeditation. The People also noted Muro was the only perpetrator charged with the crime. The trial court denied Muro’s petition.

DISCUSSION

Effective January 1, 2019, the Legislature enacted Senate Bill No. 1437 (2017-2018 Reg. Sess.) (Senate Bill 1437), which limited the scope of the felony-murder rule and eliminated natural and probable consequences liability for…