P. v. Garcia CA4/3
In 2009, a jury convicted defendant Angel Garcia of two counts of murder, one count of attempted murder, and one count of active gang participation. In 2019, Garcia filed a Penal Code section 1170.95 petition to vacate his murder convictions. The trial court denied the petition at the prima facie stage. Garcia filed an appeal.
Effective January 1, 2022: “A person convicted 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 . . . may file a petition with the court . . . to have the petitioner’s murder, attempted murder, or manslaughter conviction vacated and to be resentenced . . . .” (§ 1170.95, subd. (a).)
During Garcia’s trial, the court did not instruct the jury on the felony-murder rule or the natural and probable consequences doctrine.
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