In re Lopez
200 Cal. Rptr. 3d 559
Cal. Ct. App.2016Background
- In 2008 a jury convicted Jesus Lopez (then 17) of first degree murder and street terrorism; enhancements for firearm use and gang activity were found true.
- The prosecution advanced three theories for Lopez’s liability: (1) direct aiding and abetting murder, (2) aiding and abetting a target offense (disturbing the peace) with murder as a natural and probable consequence (NPC), and (3) conspiracy to the same target with murder as an NPC. The jury returned a general verdict and did not specify the theory.
- Evidence and prosecutor argument emphasized that a co-defendant (Francisco Lopez) fired the fatal shot and urged conviction based on the NPC theory rather than direct aiding-and-abetting. A prosecution witness placed Jesus near the shooter but testified only the co-defendant handled the gun.
- Lopez was sentenced to 50 years to life. His conviction and sentence were previously affirmed on direct appeal; his petition for review to the California Supreme Court was denied.
- Lopez filed a habeas petition raising (1) that under People v. Chiu the NPC doctrine cannot support a first degree murder conviction for an aider/co-conspirator and thus his first-degree conviction must be vacated, and (2) that his 50-years-to-life sentence violates Miller. The Court of Appeal granted relief on claim (1) and vacated the first-degree murder conviction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does Chiu apply retroactively to convictions final on appeal before Chiu? | Chiu announces a substantive statutory rule that alters the range of conduct punished; it should be applied retroactively. | Chiu interprets state statute, not federal constitutional law, so it should not be applied retroactively to final convictions. | Chiu is retroactive under both federal retroactivity principles (Schriro/Montgomery) and California precedent (Mutch); it applies to Lopez. |
| Was Lopez’s first-degree murder conviction impermissibly based on the NPC doctrine? | The jury most likely convicted Lopez under the NPC theory (aiding/conspiring to disturb the peace) based on prosecutor emphasis and the general verdict; under Chiu that cannot sustain first-degree murder for an aider/coconspirator. | Sufficient evidence existed to support conviction as a direct aider and abettor, so habeas relief is not warranted. | The record shows the conviction almost certainly rested on the NPC theory; under Chiu that theory cannot support first-degree murder, so habeas relief is appropriate and the conviction is vacated. |
| Remedy and next steps | Request reduction to second degree or retrial consistent with Chiu; raise Miller resentencing claim. | If conviction vacated, People should be allowed to retry or accept reduction; Miller issue may be premature/moot. | The court vacated the first-degree conviction and remanded: People may accept reduction to second degree or retry first degree on permissible theories; Miller claim held moot or not yet ripe. |
Key Cases Cited
- People v. Chiu, 59 Cal.4th 155 (Cal. 2014) (NPC doctrine cannot be used to convict an aider/co-conspirator of first-degree premeditated murder)
- Schriro v. Summerlin, 542 U.S. 348 (U.S. 2004) (retroactivity on collateral review depends on whether rule is substantive or procedural)
- Montgomery v. Louisiana, 577 U.S. 190 (U.S. 2016) (new substantive rules of constitutional law must be given retroactive effect on collateral review)
- People v. Mutch, 4 Cal.3d 389 (Cal. 1971) (state court may give full retroactive effect where decision vindicates statutory meaning)
- People v. Rivera, 234 Cal.App.4th 1350 (Cal. Ct. App. 2015) (Chiu’s reasoning applies to conspiracy-based liability under NPC)
- In re Zerbe, 60 Cal.2d 666 (Cal. 1964) (habeas relief proper where conviction is in excess of court’s jurisdiction)
- In re Earley, 14 Cal.3d 122 (Cal. 1975) (same standard for habeas relief)