People v. Page CA2/7

INTRODUCTION

In 2010, a jury convicted Richard Page of attempted murder. In 2022, Page filed a petition for resentencing under Penal Code former section 1170.951 (now section 1172.6), alleging that he was convicted of attempted murder under the natural and probable consequences doctrine and that he could not now be convicted under current law. On appeal, Page contends the trial court erred because it denied his petition at the prima facie stage without reviewing the record of conviction. Instead, the trial court based its decision on its own memory of the trial and the prosecutor and defense attorney’s description of the case. Because the prosecutor did not file a response to Page’s petition and neither side presented a record of conviction to the trial court, Page asserts that the court engaged in impermissible factfinding and deprived him of his due process right to an evidentiary hearing. We conclude that any error in the prima facie procedure was harmless. The record of conviction shows the jury was not instructed on the natural and probable consequences doctrine. Instead, the jury necessarily found Page “intended to kill” the victim. Accordingly, Page was ineligible for…