P. v. Thai CA4/3
In 2019, Thai filed a Penal Code section 1170.95 petition seeking to vacate his prior convictions for murder, conspiracy to commit murder, and attempted murder. In 2020, the trial court summarily denied the section 1170.95 petition as to the three convictions. Thai filed an appeal.
Effective January 1, 2022, the Legislature amended section 1170.95 to include convictions for attempted murder. (Sen. Bill No. 775 (2021-2022 Reg. Sess.); Stats. 2021, ch. 551, § 2.) We asked for further briefing from the parties.
As to Thai’s murder conviction, we affirm the trial court’s order. Thai is ineligible for relief under section 1170.95 as a matter of law because he was convicted under the provocative act murder doctrine, not the felony-murder rule and/or the natural and probable consequences doctrine.
As to Thai’s conspiracy to commit murder conviction, we affirm the trial court’s order.
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