People v. Nunez CA2/1, B336601

Daniel Nunez pleaded no contest to mayhem (Penal Code § 203) in 2016 after facing charges of attempted murder and mayhem arising from a jailhouse altercation.
He admitted great bodily injury and gang enhancement allegations, resulting in an 18-year prison sentence; the attempted murder count was dismissed under a plea deal.
After legislative changes to the felony murder rule and imputation of malice doctrine (Senate Bill 1437, effective 2019, and Senate Bill 775, effective 2022), Nunez filed a petition for resentencing under Penal Code § 1172.6.
Nunez argued the statute should apply because his plea to mayhem was to avoid conviction of attempted murder, a qualifying offense under § 1172.6.
The trial court denied the petition, finding § 1172.6 inapplicable to convictions for mayhem, and affirmed that Nunez was ineligible for relief as a matter of law.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Eligibility under Penal Code § 1172.6 for mayhem plea	Nunez’s conviction is eligible due to the underlying attempted murder charge and plea to avoid that charge	Nunez is ineligible—§ 1172.6 only applies to murder, attempted murder, or manslaughter convictions	Court held § 1172.6 relief applies only to murder, attempted murder, or manslaughter convictions
Prima facie case requirement under § 1172.6	Nunez established a prima facie case through petition allegations	The record shows ineligibility because the conviction is for mayhem	No prima facie case—record of conviction shows ineligibility
Scope of court review at the prima facie stage	Trial court improperly resolved disputed facts or exceeded the permissible scope	Court should rely only on record of conviction and not on external facts/history	Court properly relied on the record of conviction; no error
Application of S.B. 1437/S.B. 775 to pleas	Should apply if a plea was made to avoid a qualifying charge	Only applies if actual conviction is for a qualifying offense (murder, attempted murder, manslaughter)	Only those actually convicted of qualifying offenses are eligible

People v. Delgadillo, 14 Cal.5th 216 (Cal. 2022) (establishes appellate procedures for no-issue briefs in appeals from orders denying resentencing petitions)
People v. Gentile, 10 Cal.5th 830 (Cal. 2020) (elimination of the natural and probable consequences doctrine for murder prosecution)
People v. Lewis, 11 Cal.5th 952 (Cal. 2021) (limits court’s factfinding at the prima facie stage for resentencing petitions)
People v. Scott, 58 Cal.4th 1415 (Cal. 2014) (principles of statutory interpretation)