People v. George CA4/1

INTRODUCTION

In 1992, a jury convicted Eric N. George of murder and attempted murder for his role in a shooting at a taco shop. The jury found true a special circumstance that George “personally used a firearm, to wit, a pistol” and that he personally inflicted great bodily injury on two victims named in the attempted murder charges. In 2022, George petitioned to vacate his murder

conviction under Penal Code section 1170.951 (now section 1172.6), based on changes to the felony-murder rule and the natural and probable consequences doctrine made in Senate Bill No. 1437 (2017-2018 Reg. Sess.), effective January 1, 2019. After an evidentiary hearing, the court denied George’s petition. On appeal, George contends that the court erred in denying his petition because the evidence did not establish that as an aider and abettor, he acted with the intent to kill, or with implied malice. We conclude there was substantial evidence to support the denial of George’s petition. Thus, we affirm the order denying his section 1172.6 petition for resentencing.

FACTUAL AND PROCEDURAL BACKGROUND

A. The 1992 Conviction and Direct Appeal We recite the facts as they appear in our unpublished…