B340427
Cal. Ct. App.Mar 24, 2025Background
- Yvette Vasquez was convicted by jury of first degree murder in 2019, with gang and firearm use enhancements, and sentenced to 75 years to life.
- Vasquez filed for resentencing under Penal Code § 1172.6, after the passage of Senate Bill 1437 which restricted theories of murder liability.
- The trial court denied her petition in July 2024, finding she was convicted as a direct aider and abettor, not under felony murder or natural and probable consequences theories affected by the new law.
- Vasquez appealed, and counsel filed a no-issues (Delgadillo) brief; Vasquez personally submitted a supplemental brief asserting innocence and challenging evidence.
- The appellate court reviewed under de novo standard and issued a decision affirming the trial court's denial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Eligibility for resentencing under § 1172.6 | Vasquez was not eligible; convicted as direct aider and abettor | Vasquez was not the shooter, was unaware of shooting, and did not control the gun | Petition denied; direct aider and abettor liability not impacted by SB 1437 |
| Consideration of rehabilitation and innocence claims | Not germane to § 1172.6 resentencing | Rehabilitation efforts and factual innocence should be considered | Such claims not reviewable in § 1172.6 proceedings |
| Sufficiency of evidence on conviction | Conviction is final; not subject to review here | Evidence insufficient for conviction | Sufficiency issues not cognizable in 1172.6 petition |
| Requirement for prima facie case | No prima facie case for relief shown | Vasquez argued her conviction theory invalid under new law | No prima facie case; conviction was under valid theory |
Key Cases Cited
- People v. Delgadillo, 14 Cal.5th 216 (guides procedure for review of no-issue briefs and § 1172.6 petitions)
- People v. Lewis, 11 Cal.5th 952 (sets standards for appointment of counsel and record review in § 1172.6 petitions)
- People v. Coley, 77 Cal.App.5th 539 (direct aiding and abetting remains valid post-SB 1437)
- People v. Farfan, 71 Cal.App.5th 942 (section 1172.6 does not allow relitigation of trial claims)
- People v. Allison, 55 Cal.App.5th 449 (resentencing petition not an opportunity for factual retrial)