People v. Eugene CA4/2

BACKGROUND

Following a trial in February 2018, a jury convicted Eugene of first degree murder

(§ 187, subd. (a)) and active participation in a criminal street gang (§ 186.22, subd. (a)).

The jury found true that the murder was committed for the benefit of, at the direction of,

or in association with a criminal street gang (§ 186.22, subd. (b)(1)(A)) and that a

principal personally and intentionally discharged a firearm causing great bodily injury or

death to a non-accomplice (§ 12022.53, subds. (d) & (e)). The trial court sentenced

Eugene to 50 years to life in state prison—25 years to life for the murder count and

years to life for the firearm enhancement.

In December 2022, Eugene filed a petition for resentencing under section 1172.6.

At the prima facie hearing on Eugene’s petition, the People argued that Eugene was

ineligible for relief under section 1172.6, because the jury was not instructed on the

natural and probable consequences doctrine, felony murder, or any other theory under

which malice is imputed. Defense counsel agreed that the jury was not instructed on

those theories and submitted on the petition. The trial court concluded that Eugene…