Lezama

FACTS

A 2017 felony complaint charged defendant and Alfredo Quiroz-Muniz with one count of murder (§ 187, subd. (a)) and one count of conspiracy to commit murder (§ 182, subd. (a)(1)). With respect to the murder charge, it alleged the two “unlawfully and with malice aforethought kill[ed] Frederick T., a human being.” In connection with the conspiracy charge, it alleged the following overt acts: Quiroz-Muniz armed himself with a handgun; defendant and Quiroz-Muniz drove to a particular location; defendant stopped the vehicle; and Quiroz-Muniz exited the vehicle and shot the victim. The complaint also contained various firearm and gang related enhancement allegations, as well as prior conviction allegations involving Quiroz-Muniz. Following a preliminary hearing, prosecutors filed an information containing the same charges and allegations.

All further statutory references are to the Penal Code. Defendant filed the Petition in April 2022 pursuant to former section 1170.95. Effective June 30, 2022, the Legislature renumbered section 1170.95 to section 1172.6. (Stats. 2022, ch. 58, § 10.) There were no substantive changes to the statute. For purposes of clarity, we…