People v. Corrales CA2/6
B303207A
| Cal. Ct. App. | Nov 12, 2021Background
- In April 2014 Corrales and two gang members confronted victims; a co‑gang member shot at a fleeing vehicle and later shot and killed P.M. from the car Corrales was driving.
- Corrales later admitted gang membership and involvement to an informant, but denied being the shooter.
- He pled guilty in 2018 to first‑degree murder and attempted premeditated murder, admitted a gang enhancement, and was sentenced to 25 years‑to‑life plus 5 years.
- In September 2019 Corrales petitioned for resentencing under Penal Code §1170.95, asserting he was not the actual killer nor a major participant and requesting appointed counsel.
- The trial court summarily denied the petition without appointing counsel, relying on the preliminary hearing transcript to conclude Corrales was convicted as a direct aider and abettor and thus ineligible.
- On transfer from the Supreme Court in light of People v. Lewis, the Court of Appeal held the failure to appoint counsel was error but harmless because Corrales failed to show a reasonable probability his petition would not have been summarily denied — he was not convicted under felony‑murder or natural‑and‑probable‑consequences theories.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether summary denial without appointed counsel required reversal | People: denial lawful because petition facially ineligible; error if appointment would have changed outcome per Lewis | Corrales: trial court violated Lewis by denying without counsel and must reverse | Court: failure to appoint counsel was error under Lewis but harmless because petitioner showed no reasonable probability of different outcome |
| Whether the court could rely on the preliminary hearing transcript to decide eligibility | People: transcript is part of the record of conviction and may be considered; reliable hearsay admissible posttrial | Corrales: Gallardo and hearsay rules barred using preliminary hearing to decide section 1170.95 eligibility | Court: Gallardo inapplicable; reliable preliminary hearing transcript admissible in §1170.95 screening |
| Whether Corrales was convicted of felony murder or murder under natural and probable consequences | People: record shows direct aiding/abetting; conviction not based on felony‑murder/N&P doctrines so §1170.95 inapplicable | Corrales: information permitted N&P theory and felony‑murder alternative, so petition should proceed | Court: felony murder unavailable (shooting at occupied vehicle cannot supply predicate per Chun); N&P inapplicable to first‑degree murder post‑Chiu. Corrales was ineligible |
Key Cases Cited
- People v. Lewis, 11 Cal.5th 952 (establishes appointment-of-counsel and harmless‑error framework for §1170.95 screening)
- People v. Chun, 45 Cal.4th 1172 (shooting at an occupied vehicle cannot serve as the predicate felony for felony murder)
- People v. Chiu, 59 Cal.4th 155 (natural and probable consequences doctrine cannot support first‑degree murder convictions)
- People v. Gallardo, 4 Cal.5th 120 (limits use of preliminary hearing transcripts for sentencing when facts were not admitted or found by a jury)
- People v. Reed, 13 Cal.4th 217 (recognizes preliminary hearing transcripts as reliable hearsay)
- People v. Sledge, 7 Cal.App.5th 1089 (reliable hearsay admissible in posttrial proceedings)
- People v. Offley, 48 Cal.App.5th 588 (contrast: second‑degree murder N&P issue required further proceedings)
- People v. Rivera, 62 Cal.App.5th 217 (contrast: second‑degree murder N&P issue required further proceedings)
- People v. Simmons, 65 Cal.App.5th 739 (harmless‑error analysis in §1170.95 context)