People v. Molina CA2/6

DISCUSSION

Molina argues that the trial court erred by concluding that he had not made a prima facie case for resentencing. He points out that the prosecutor proceeded on theories of aiding and abetting as well as natural and probable consequences, and that jury instructions were provided regarding each theory. A person is entitled to resentencing relief pursuant to section 1172.6, subdivision (a)(1) if (1) “[a] complaint, information, or indictment was filed against the petitioner that allowed the prosecution to proceed under a theory of felony murder, [or] murder under the natural and probable consequences doctrine or other theory under which malice is imputed to a person based solely on that person’s participation in a crime, or attempted murder under the natural and probable consequences doctrine”; (2) the petitioner “was convicted of murder, [or] attempted murder” (id., subd. (a)(2)); and (3) the petitioner “could not presently be convicted of murder or attempted murder because of changes to Section 188 or 189 made

3 effective January 1, 2019” (id., subd. (a)(3)). In January 2019, our Legislature amended section 188 to provide that “in order to be convicted of murder, a…