76 Cal.App.5th 118
Cal. Ct. App.2022Background
- In 2008, then-14-year-old Hector Pacheco and fellow gang members attacked two people; one victim (Abraham Sanchez) was shot and killed, the other survived.
- In 2010 a jury convicted Pacheco of first-degree murder (as an aider and abettor), attempted murder, and active gang participation; the jury found a gang special-circumstance true and Pacheco was sentenced to 50 years to life plus a consecutive life term.
- The trial court instructed on both direct aider-and-abettor liability and the natural-and-probable-consequences (N&P) theory for murder; prosecution argued multiple theories to the jury.
- Pacheco filed a Penal Code § 1170.95 petition (seeking relief under SB 1437 reforms); the trial court summarily denied it at the prima facie stage, reasoning the gang special circumstance established intent to kill and thus ineligibility for relief.
- The Court of Appeal reversed: it held the gang special-circumstance finding establishes mens rea (intent to kill) but does not, as a matter of law, establish the actus reus of directly aiding and abetting the target crime of murder—particularly where the record shows the jury also could have relied on the now-invalid N&P theory.
- The court directed the trial court to issue an order to show cause and hold an evidentiary hearing under § 1170.95.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the jury's true finding on the gang special circumstance precludes § 1170.95 relief as a matter of law | The gang special-circumstance finding necessarily shows Pacheco personally harbored the intent to kill, so he remains ineligible for relief | The special-circumstance finding only proves mens rea; it does not prove Pacheco directly aided and abetted the murder (actus reus), especially given N&P instruction | Reversed: special-circumstance finding proves intent but does not conclusively establish direct aiding actus reus; PSC must issue OSC and hold a hearing |
| Whether the record of conviction defeats a prima facie showing for § 1170.95 because the jury found first-degree murder | The AG did not press that the premeditation finding independently forecloses relief | Pacheco argued the record shows the prosecution relied on N&P theory, so relief remains available at prima facie stage | Court declined to consider forfeited premeditation argument; focused on N&P instruction and remanded for an evidentiary hearing |
Key Cases Cited
- People v. Lewis, 11 Cal.5th 952 (record of conviction informs prima facie inquiry)
- People v. McCoy, 25 Cal.4th 1111 (aider-and-abettor liability requires both actus reus and mens rea)
- People v. Perez, 35 Cal.4th 1219 (three-part framework for aider-and-abettor proof)
- People v. Prado, 49 Cal.App.5th 480 (Senate Bill No. 1437 curtailed N&P doctrine for murder)
- People v. Murillo, 54 Cal.App.5th 160 (prima facie legal denial reviewed de novo)
- People v. Duchine, 60 Cal.App.5th 798 (prosecution must prove aider engaged in requisite acts and had requisite intent)