C099293
Cal. Ct. App.Aug 16, 2024Background
- Steven Alexander was convicted in 1992 on multiple charges including kidnapping for robbery, robbery, forcible sodomy, attempted murder, and firearm possession.
- Alexander threatened and assaulted a victim during a robbery, sodomized her, and shot her three times; the victim survived and Alexander was arrested while using her ATM card.
- The jury convicted Alexander on all counts, finding he personally used a firearm and inflicted great bodily injury, and he received multiple consecutive sentences including life with parole.
- Alexander previously appealed, resulting in the reversal of his simple kidnapping conviction, but the rest of the judgment was affirmed.
- In 2022, Alexander filed a petition for resentencing under Penal Code section 1172.6, arguing he was ineligible for attempted murder under now-changed law; his petition was denied at the prima facie stage as the sole perpetrator with intent to kill.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Eligibility for Resentencing (1172.6) | Alexander was not eligible: sole actor with intent; jury convicted on direct intent to kill | He lacked the required mental state for attempted murder, thus should be eligible | Petition properly denied; no prima facie case as jury instructions negated natural/probable consequences doctrine |
| Challenge to Consecutive Sentences | Sentencing issues not reviewable under section 1172.6 | Attacks imposition of consecutive sentences | Not cognizable in this proceeding |
Key Cases Cited
- People v. Delgadillo, 14 Cal.5th 216 (Cal. 2022) (sets standard for appellate review in no-issue briefs for section 1172.6 petitions)
- People v. Lewis, 11 Cal.5th 952 (Cal. 2021) (clarifies prima facie showing and use of record of conviction for 1172.6 petitions)
- People v. Curiel, 15 Cal.5th 433 (Cal. 2023) (Senate Bill 1437 changes to felony murder and natural/probable consequences for murder liability)
- People v. Coley, 77 Cal.App.5th 539 (Cal. Ct. App. 2022) (section 1172.6 only applies to attempted murders under natural/probable consequences doctrine)