People v. Monarrez CA4/3

DISCUSSION

To be eligible for resentencing for the crime of attempted murder, the defendant must have been convicted under the natural and probable consequences doctrine or some other theory under which malice was imputed to him based solely on his participation in a crime. (Pen. Code, § 1172.6, subd. (a).) However, appellant’s jury was

2 not instructed on any such theory. Instead, the jury was told that it could only convict him of attempted murder if he personally intended to kill and he personally took a direct but ineffectual step toward achieving that objective. (CALCRIM No. 600.) By finding appellant guilty of that offense, and finding that he personally used a firearm to carry it out, the jury convicted him based on his own actions and his own malice. Consequently, he is ineligible for resentencing relief as a matter of law, and the trial court properly denied his petition at the prima facie stage of the proceedings. (See People v. Curiel (2023) 15 Cal.5th 433, 470-471 [the summary denial of a resentencing petition is justified if the record of conviction conclusively negates the defendant’s right to relief].) There is no arguable basis for disturbing that…