People v. Clayton CA2/1
B340774
| Cal. Ct. App. | Apr 7, 2025Background
- Defendant Deandre Carrnell Clayton pled no contest in 2020 to attempted murder, with gang and firearm enhancements, and was sentenced to 15 years.
- In 2019, Senate Bill No. 1437 amended California’s Penal Code to eliminate liability for murder based on the natural and probable consequences doctrine, but did not initially clarify applicability to attempted murder.
- Clayton subsequently filed a resentencing petition under Penal Code section 1172.6, arguing he might have been convicted under a now-invalid imputed malice theory.
- The Superior Court denied the petition at the prima facie stage, reasoning the law had already changed before Clayton’s plea, so imputed malice was inapplicable.
- On appeal, both parties agreed the lower court erred, acknowledging there was a split of authority when Clayton pled and that later legislation (SB 775) clarified the law also barred imputed malice for attempted murder.
- The Court of Appeal reversed the denial and remanded for the trial court to determine if Clayton had made a prima facie case for relief.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Senate Bill 1437's amendments to the malice requirement applied to attempted murder at the time of Clayton's plea | The record shows Clayton had intent; malice was not imputed | The law only applied to murder, so prosecution could have used imputed malice for attempted murder | At the time of the plea, due to split authority, imputed malice could have applied; reversal warranted |
| Was denial at prima facie stage proper based solely on timing of Clayton’s plea | No eligibility for relief as the law had changed before his plea | Eligibility still possible as split of authority meant imputed malice theory could have been used | Reversal; trial court must decide prima facie eligibility on remand |
Key Cases Cited
- People v. Lee, 95 Cal.App.5th 1164 (split authority regarding application of SB 1437 to attempted murder and section 1172.6 petition requirements)
- People v. Patton, 17 Cal.5th 549 (clarifying procedure for section 1172.6 petitions by plea)
- People v. Sanchez, 75 Cal.App.5th 191 (SB 775 clarified that natural and probable consequences doctrine no longer applies to attempted murder)