Jury instructions which allow conviction based on imputed malice establish a prima facile case for resentencing under 1172.6
Summary: Maldonado appealed from the trial court’s denial of his petition for resentencing pursuant to Penal Code section 1172.6 (former section 1170.95). In 2013, Maldonado was convicted of first degree murder and the jury was not instructed on the natural and probable consequences and felony murder doctrines. Maldonado argued that the jury could have imputed malice to him based solely on his participation in a crime, relying on the jury instructions for aiding and abetting, implied malice, and lying-in-wait murder, and on the analysis in People v. Langi (2022) 73 Cal.App.5th 972 (Langi). The Court of Appeal agreed that Maldonado established a prima facie case for resentencing relief, and reversed and remanded for the trial court to issue an order to show cause.
Background: Maldonado was charged with first degree murder (§ 187, subd. (a)), with a special circumstance allegation that the murder was committed by means of lying in wait (§ 190.2, subd. (a)(15)). The jury was instructed on two theories of first degree murder: the murder was willful, deliberate and premeditated; and the murder was committed by lying in wait. The jury was also instructed on direct aiding and abetting. (See CALCRIM No. 401.) The jury was not instructed on felony murder or the natural and probable consequences doctrine.