People v. Hardin CA2/7, B324483

Tony Hardin was convicted of first-degree murder, residential robbery, and grand theft of an automobile in 1990 for the killing of Norma Barber, where evidence showed he possessed and sold Barber’s property immediately after her disappearance.
The jury found true a special circumstance that the murder was committed during a robbery and that Hardin inflicted great bodily injury on a person over 60 years old, but found Hardin not guilty of burglary counts.
No instructions or evidence at trial indicated the involvement of any codefendant, aider and abettor, or major participant theory.
Hardin filed two postjudgment petitions under Penal Code section 1170.95 (now 1172.6) for resentencing following changes to California law regarding felony-murder and the natural and probable consequences doctrine; the first was denied without counsel, and the second was denied at the prima facie stage with appointment of counsel.
The denial of Hardin’s second petition was appealed, with the legal dispute centering on whether Hardin was entitled to resentencing under section 1172.6 in light of the new legal requirements.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Procedural bar to second petition	Not explicitly stated	No bar since first petition lacked counsel	No procedural bar; Hardin could refile
Eligibility under § 1172.6	Hardin was the actual killer	Jury could have found guilt on proxy theory	Ineligible—conviction as actual killer
Effect of jury instructions and verdict	Jury convicted as actual killer only	Proximate cause instruction created ambiguity	Instructions required finding as killer
Effect of the proximate cause instruction	Did not broaden liability theory	Allowed conviction as non-killer participant	No reasonable likelihood of ambiguity

People v. Lewis, 11 Cal.5th 952 (Cal. 2021) (sets procedure for § 1172.6 petitions and when a court may review record of conviction)
People v. Gentile, 10 Cal.5th 830 (Cal. 2020) (SB 1437 eliminated liability for murder based solely on the natural and probable consequences doctrine)
People v. Strong, 13 Cal.5th 698 (Cal. 2022) (retrospective application of revised felony murder doctrine under SB 1437)
People v. Curiel, 15 Cal.5th 433 (Cal. 2023) (further explains eligibility and judicial process under § 1172.6)