F085589
Cal. Ct. App.Feb 28, 2024Background
- Moses Angel Trejo pleaded no contest in 2019 to attempted murder and participation in a criminal street gang, receiving a 22-year, 4-month prison sentence.
- His plea came after January 1, 2019, the effective date of Senate Bill 1437, which amended California's felony-murder and natural and probable consequences doctrines.
- In 2022, Trejo filed a petition under Penal Code §1172.6 for resentencing, arguing he could not be convicted of attempted murder under the amended law.
- The trial court denied his petition at the prima facie stage, finding Trejo ineligible because his conviction was after SB 1437 became effective.
- On appeal, both parties agreed that at the time of Trejo's plea, there was a split among appellate courts about the amendments' applicability to attempted murder.
- The appellate court agreed and reversed the trial court, remanding for proceedings consistent with subsequent legislative clarification (SB 775).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Applicability of SB 1437 to attempted murder convictions post-2019 | Trejo is ineligible for resentencing; his conviction was after the law changed | The law was unsettled in 2019, so conviction may have relied on now-invalid doctrines | Trial court erred; law was unsettled at time of plea; remanded for proper SB 775 review |
Key Cases Cited
- People v. Strong, 13 Cal.5th 698 (Cal. 2022) (explained SB 1437 and the natural and probable consequences doctrine)
- People v. Lewis, 11 Cal.5th 952 (Cal. 2021) (set out standards for prima facie determinations and use of record of conviction in SB 1437 proceedings)
- People v. Jones, 30 Cal.4th 1084 (Cal. 2003) (personal use of firearm does not bar eligibility for relief as matter of law)
- People v. Masbruch, 13 Cal.4th 1001 (Cal. 1996) (similar holding regarding enhancements and eligibility for resentencing)