People v. Arguello CA5
F085934
Cal. Ct. App.Mar 4, 2024Background
- In 2012, Eric Arguello was convicted of two counts of first-degree premeditated murder, two counts of premeditated attempted murder, evading an officer, and active participation in a criminal street gang, all with firearm enhancements.
- The convictions related to an incident in 2009 involving multiple shootings after a gang-related confrontation; Arguello was the driver but did not personally fire a weapon.
- On appeal, the court previously affirmed the convictions after correcting some sentencing errors.
- In 2019, Arguello filed a petition for resentencing under former § 1170.95 (now § 1172.6) asserting changes to California's felony-murder and aiding-and-abetting law applied to his case. The petition was summarily denied.
- In 2022, Arguello filed a renewed petition under amended § 1172.6 for both murder and attempted murder convictions, arguing he was entitled to resentencing because of subsequent changes in the law eliminating certain aiding-and-abetting liability theories. The petition was again denied for failing to state a prima facie case.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Eligibility for § 1172.6 Resentencing | Arguello convicted as direct aider/abettor with intent and malice | Conviction may have relied on now-invalid imputed malice/natural-probable-conseq. | Denial affirmed; jury not instructed on invalid theories |
| Effect of Prior Denial/COLL. ESTOPPEL | Prior petition denial bars reconsideration on murder convictions | No bar due to changes in law permitting new grounds for relief | Trial court correctly applied collateral estoppel for murder |
| Jury Instructions | No improper instructions; jury was properly instructed | Prosecutor’s argument may have presented imputed malice theory | Only direct aiding and abetting, not imputed malice instructed |
| Applicability of Lopez and Reyes | Neither case undermines original conviction basis | Recent cases change framework for aider and abettor liability | Cases inapplicable; conviction based on direct liability |
Key Cases Cited
- People v. Lewis, 11 Cal.5th 952 (Cal. 2021) (explains court's review of record in § 1172.6 petitions)
- People v. Lopez, 78 Cal.App.5th 1 (Cal. Ct. App. 2022) (clarifies eligibility standards for § 1172.6 relief)
- People v. Williams, 86 Cal.App.5th 1244 (Cal. Ct. App. 2022) (aider and abettor liability post-Senate Bill 1437)