People v. Gosal CA3
C093052
| Cal. Ct. App. | Dec 2, 2021Background
- In 2013 a jury convicted Gurpreet Gosal of second degree murder and found true a firearm use enhancement; it found not true that Gosal personally fired the fatal shot. He was sentenced to 35 years-to-life.
- Gosal appealed; the conviction was affirmed in a prior unpublished opinion. At trial the jury received instructions on direct aiding-and-abetting, implied malice, and the natural-and-probable-consequences (NPC) doctrine for murder.
- In 2019 Gosal filed a section 1170.95 petition (Sen. Bill No. 1437 relief), alleging his conviction rested on felony-murder or NPC theories that are no longer valid under amended sections 188 and 189.
- The trial court appointed counsel and received briefs and the record of conviction, but summarily denied the petition, concluding the record showed beyond a reasonable doubt Gosal was guilty under express/implied malice independent of NPC.
- On appeal the People conceded the trial court erred by resolving competing theories on the record at the prima facie stage; the Court of Appeal agreed and reversed, directing issuance of an order to show cause and a section 1170.95(d) hearing.
Issues
| Issue | People's Argument | Gosal's Argument | Held |
|---|---|---|---|
| Whether the trial court properly denied Gosal's section 1170.95 petition without issuing an order to show cause after review of the record of conviction | The record and prior opinion show beyond a reasonable doubt Gosal could be convicted on express/implied malice independent of NPC, so no prima facie entitlement to relief | The petition facially alleged conviction under NPC/felony-murder and the record does not conclusively show the jury did not rely on an invalid theory; summary denial was premature | Reversed: trial court erred by weighing evidence and resolving competing theories at the prima facie stage; remand for order to show cause and a section 1170.95(d) hearing |
Key Cases Cited
- People v. Lewis, 11 Cal.5th 952 (clarifies prima facie inquiry and counsel appointment under § 1170.95)
- People v. Drayton, 47 Cal.App.5th 965 (trial court may not engage in factual weighing at the prima facie stage)
- People v. Duchine, 60 Cal.App.5th 798 (existence of a valid theory in the record does not prove the jury relied on it)
- People v. Fortman, 64 Cal.App.5th 217 (at § 1170.95(d) hearing prosecutor must prove guilt on valid theory beyond a reasonable doubt)
- People v. Lopez, 56 Cal.App.5th 936 (discusses burden and procedures for § 1170.95(d) hearing)