P. v. Gonzales CA2/4
After being instructed on aiding and abetting principles and the felony murder theory, a jury convicted appellant Robert Gonzales of first degree murder and found true a robbery-murder special circumstance. We affirmed on direct appeal. (People v. Gonzales (Feb. 27, 2007, B188161) [nonpub. opn.] (Gonzales I).)
Appellant later filed a petition to vacate his conviction and for resentencing under Penal Code section 1170.95. The trial court appointed counsel for appellant but denied his petition at the prima facie stage. Relying on the facts recited in Gonzales I, the trial court found appellant ineligible for relief as a matter of law because he directly aided and abetted the murder, was a major participant in the crime, and acted with reckless indifference. Appellant challenged the order on appeal. We affirmed, concluding appellant could still be convicted of murder because Gonzales I found substantial evidence supported the murder conviction on an aiding and abetting theory.
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