People v. Oden CA2/5, B307303M

Terrell Oden was convicted of first-degree murder and conspiracy in a gang-related killing; he served as the getaway driver and was convicted on an aiding-and-abetting theory. He was sentenced to 75 years to life and his conviction was previously affirmed on direct appeal.
The jury was not instructed on felony murder or the natural and probable consequences doctrine; direct aiding-and-abetting instructions were the basis for the substantive murder conviction.
In February 2019 Oden petitioned for resentencing under Penal Code § 1170.95, checking boxes saying his conviction was under felony murder or natural and probable consequences.
The trial court appointed counsel, received briefing (the defense reply conceded the jury had not been instructed on felony murder or natural and probable consequences), and denied the § 1170.95 petition, concluding Oden was convicted as a direct aider and abettor.
On appeal appointed counsel filed a People v. Wende no-issue brief; Oden submitted a supplemental brief arguing the petition should have been granted. The Court of Appeal independently reviewed the record, found no arguable issues, and affirmed the denial.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Oden made a prima facie showing under § 1170.95 that he was convicted under felony murder or the natural and probable consequences doctrine	Oden was convicted as a direct aider and abettor, not under felony murder or natural and probable consequences; thus not eligible	Oden argued his petition (and checked boxes) showed he was prosecuted under those doctrines and merited relief	Denied — record shows conviction rested on direct aiding-and-abetting; no prima facie entitlement to relief under § 1170.95
Whether appellate counsel complied with Wende and whether any arguable issues exist on appeal	Court (relying on precedent) treated the Wende brief and conducted independent review	Oden filed a supplemental brief rearguing error in the § 1170.95 ruling	Counsel complied with Wende; independent review found no arguable issues; appeal affirmed

People v. Soto, 51 Cal.App.5th 1043 (discusses § 1170.95 standards and review)
People v. Edwards, 48 Cal.App.5th 666 (interprets eligibility and prima facie showing under § 1170.95)
People v. Lewis, 43 Cal.App.5th 1128 (related discussion of § 1170.95 issues)
People v. Kelly, 40 Cal.4th 106 (standards for appellate counsel practice when filing no-issue briefs)
Smith v. Robbins, 528 U.S. 259 (federal standards for effective assistance of appellate counsel and no-issue brief procedures)
People v. Wende, 25 Cal.3d 436 (established procedure for appointed counsel filing an appellate brief raising no issues)