People v. Dominguez CA4/1, D083247

Henry Curtis Dominguez pled guilty in 2018 to attempted murder, admitting he personally used a firearm and inflicted great bodily injury on the victim.
Dominguez's admissions in both his plea form and in court confirmed he intentionally tried to murder the victim with a gun.
Sentenced to 19 years, Dominguez later petitioned for resentencing under Penal Code section 1172.6, a law that retroactively allows relief to those convicted of attempted murder under the natural and probable consequences doctrine.
The trial court denied the petition, finding Dominguez was the sole perpetrator who acted with intent to kill, based on unequivocal admissions.
Dominguez appealed, arguing for eligibility under the statutory resentencing scheme established by Senate Bills 1437 and 775.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Eligibility for resentencing under § 1172.6	Dominguez's record shows he acted alone with intent to kill, not under a theory of imputed or vicarious liability.	Dominguez is eligible because he was convicted of attempted murder and is entitled to seek relief under the new law.	Dominguez is ineligible because he admitted personal conduct and intent to kill, not implicating the natural and probable consequences doctrine.
Applicability of natural and probable consequences doctrine	Dominguez did not proceed under this doctrine as sole assailant with specific intent.	Relief applies to all attempted murder convictions potentially under the doctrine.	Doctrine does not apply due to Dominguez's personal admissions; no basis for resentencing.
Sufficiency of the record of conviction to determine eligibility	Plea and admissions unambiguously show intent and personal conduct, foreclosing relief.	Record alone should not be dispositive without further factual inquiry.	Record conclusively establishes ineligibility at prima facie stage.
Process for screening resentencing petitions	Permits denial at the prima facie stage if record forecloses relief as a matter of law.	Screening should proceed to more factfinding.	Trial court properly denied at prima facie stage; no need for further proceedings.

People v. Lewis, 11 Cal.5th 952 (Cal. 2021) (explaining procedures and standards for resentencing petitions under § 1172.6, including use of the record of conviction)
People v. McCoy, 25 Cal.4th 1111 (Cal. 2001) (discussing liability for aiders and abettors under the natural and probable consequences doctrine)
People v. Smith, 37 Cal.4th 733 (Cal. 2005) (holding attempted murder requires specific intent to kill)
People v. Lee, 31 Cal.4th 613 (Cal. 2003) (distinguishing intent required for attempted murder from natural and probable consequences doctrine)
People v. Granado, 49 Cal.App.4th 317 (Cal. Ct. App. 1996) (clarifying "use" of a firearm in context of sentencing enhancements)