P. v. Lamarque CA2/3
In 1992, defendant Porfirio Lamarque and codefendant Marvin Calderon were charged with murder. The killing stemmed from a gang confrontation. Calderon killed the victim; Lamarque drove. Lamarque pled guilty to second degree murder and received a prison sentence of 15 years to life. In 2019, after the Legislature amended the law of accomplice liability for murder, Lamarque petitioned for recall and resentencing under Penal Code section 1170.95. The trial court appointed counsel, received briefing, and held a contested hearing, then denied the petition. On appeal, Lamarque contends he was not ineligible for relief as a matter of law because he could have been tried as an aider and abettor under a natural and probable consequences theory, and the court’s contrary conclusion constituted improper factfinding at the prima facie review stage. We agree. We therefore reverse and remand with directions.
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