People v. Reyes
97 Cal.App.5th 292
| Cal. Ct. App. | 2023Background
- Senate Bill No. 1437 (effective Jan. 1, 2019) narrowed murder liability and created a resentencing procedure now codified at Penal Code § 1172.6 (formerly § 1170.95).
- In 2020 an information charged Reyes with murder; in 2021 he pleaded no contest to second-degree murder and admitted a weapon enhancement; he was sentenced to 15 years to life.
- In 2022 Reyes filed a pro. per. § 1172.6 petition seeking resentencing, arguing the post‑2019 law precludes his murder conviction.
- The superior court allowed briefing, counsel appeared for Reyes, and the prosecutor opposed, arguing Reyes was ineligible because his conviction occurred after SB 1437 and the charging document did not rely on imputed malice.
- The trial court denied the petition, finding Reyes was convicted under the current law and thus not entitled to the retroactive remedy; the Court of Appeal affirmed.
Issues
| Issue | People (Respondent) Argument | Reyes (Appellant) Argument | Held |
|---|---|---|---|
| Whether a defendant convicted after Jan. 1, 2019 may obtain resentencing under § 1172.6 | § 1172.6 provides retroactive relief only to those convicted (or prosecuted) under now-invalid pre‑SB1437 theories; Reyes was convicted under the amended law, so ineligible | Date of conviction should not bar relief; statute does not expressly limit eligibility to pre‑2019 convictions | Court: A defendant convicted under the law as amended (post‑SB1437) is not eligible for § 1172.6 relief; affirmed denial |
| Whether the record of conviction permitted denial at prima facie stage without issuing an order to show cause | Charging document filed in 2020 could not have proceeded on imputed‑malice theories; plea occurred after SB 1437, so the record refutes § 1172.6 eligibility | The record does not conclusively show ineligibility; court should have proceeded to appoint counsel and hold an evidentiary hearing | Court: The record refuted eligibility and denial without further proceedings was proper |
Key Cases Cited
- People v. Strong, 13 Cal.5th 698 (Cal. 2022) (describing SB 1437's amendments to felony‑murder and natural‑and‑probable‑consequences doctrines)
- People v. Lewis, 11 Cal.5th 952 (Cal. 2021) (procedural framework for § 1172.6 petitions; appointment of counsel and limited use of the record at prima facie stage)
- People v. Wilson, 14 Cal.5th 839 (Cal. 2023) (prosecution’s burden at evidentiary hearing under § 1172.6)
- People v. Pickett, 93 Cal.App.5th 982 (Cal. Ct. App. 2023) (appellate review principles for § 1172.6 rulings)
- People v. Guillory, 82 Cal.App.5th 326 (Cal. Ct. App. 2022) (§ 1172.6 is intended to provide relief to those convicted under now‑invalid theories)
- People v. Garcia, 82 Cal.App.5th 956 (Cal. Ct. App. 2022) (same)
- People v. Mendoza, 23 Cal.4th 896 (Cal. 2000) (statutory construction should avoid absurd consequences)