People v. Onley CA2/3

INTRODUCTION

Defendant Michael Onley appeals from the trial court’s order denying his petition to vacate his first degree murder conviction and resentence him under Penal Code1 section 1172.6.2 After issuing an order to show cause and holding an evidentiary hearing, the court found Onley could be convicted of murder under a currently-valid theory of felony murder because he was a major participant who acted with reckless indifference to human life during the underlying burglary and robbery in which the victim was killed. On appeal, Onley contends insufficient evidence supports the court’s major participant and reckless indifference findings. We affirm.

FACTUAL BACKGROUND3

The Prosecution’s Case-in-Chief 1. The Burglary, Robbery, and Shooting In January 2011, Diaz and Onley were living together, and Diaz was dating Porscha Chambers. On January 22, 2011,

1 All undesignated statutory references are to the Penal Code.

2 Onley filed his petition for resentencing under former section

1170.95, which the Legislature later renumbered to section 1172.6 without substantive change. (Stats. 2022, ch. 58, § 10.) We hereafter cite to section 1172.6 for ease of reference. This is Onley’s…