People v. Curiel CA4/3
G058604
| Cal. Ct. App. | Nov 4, 2021Background
- In 2002 Curiel was tried for first-degree murder after Abraham Hernandez shot the victim; Hernandez was the shooter and Curiel was identified as the non-shooter. The jury found a gang special circumstance true and imposed life without parole plus enhancements.
- The prosecution obtained convictions under instructions that included direct aiding and abetting and the natural and probable consequences (NPC) theory of murder; the jury also found a gang special circumstance (§ 190.2(a)(22)) and firearm enhancements.
- Curiel later petitioned for resentencing under SB 1437 and section 1170.95, which can vacate murder convictions based on felony-murder or NPC theories.
- The trial court summarily denied the petition without issuing an order to show cause (OSC), reasoning the gang special-circumstance finding established Curiel had intent to kill and thus was ineligible for relief as a direct aider and abettor.
- The Court of Appeal reversed, holding the special-circumstance finding did not, as a matter of law, prove Curiel both had murderous intent and actually aided/encouraged the killing; remanded to issue an OSC and proceed under section 1170.95(d).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court properly denied Curiel's § 1170.95 petition based on the gang special-circumstance finding | The gang special-circumstance true finding proves Curiel acted with intent to kill, making him ineligible for resentencing as a matter of law | The special-circumstance finding only shows intent; it does not show Curiel actually aided or encouraged the murder or preclude NPC as the basis for conviction | Reversed: the special-circumstance finding alone does not conclusively show Curiel was convicted as a direct aider and abettor; OSC required unless record is dispositive |
| Whether the court may summarily deny relief at the prima facie stage without an evidentiary hearing when the record is not dispositive | The record supports denial because of the special-circumstance finding and other evidence | Section 1170.95 requires issuing an OSC whenever the petition makes a prima facie showing and the record is not dispositive on eligibility | Reversed: where the record does not conclusively establish ineligibility, the court must issue an OSC and, absent waiver, hold an evidentiary hearing under § 1170.95(d) |
Key Cases Cited
- People v. Lewis, 11 Cal.5th 952 (explaining SB 1437 and § 1170.95 remedial procedure)
- People v. Drayton, 47 Cal.App.5th 965 (trial court may summarily deny only when record conclusively refutes petition)
- People v. Chiu, 59 Cal.4th 155 (direct aider-and-abettor liability requires defendant possess killers' mens rea)
- People v. McCoy, 25 Cal.4th 1111 (a direct aider-and-abettor must know and share murderous intent)
- People v. Duchine, 60 Cal.App.5th 798 (record must establish both acts and intent to deny § 1170.95 relief at prima facie stage)