People v. Warren CA4/1, D081199

Ade Jessie Warren was convicted in 2013 of second degree murder and gang participation related to a gang-related shooting in San Jacinto, California.
The jury found true firearm and gang enhancements but found Warren did not personally or intentionally discharge a firearm.
On direct appeal, the gang participation count was reversed for lack of evidence; conviction for second degree murder stood.
In 2021, Warren petitioned for resentencing under Penal Code § 1172.6 (formerly 1170.95), arguing recent changes to California murder law made him ineligible for murder liability.
The Superior Court denied the petition at the prima facie stage, finding the jury had not been instructed on theories now prohibited by law.
Warren appealed the denial, arguing he could not now be liable for murder given the instructional framework at trial.

Issue	Warren's Argument	People's Argument	Held
Eligibility for Resentencing under § 1172.6	Warren alleges his conviction could rest on prohibited imputed malice theories	Jury convicted under valid direct perpetrator/aider and abettor theory only, no invalid instructions	Petition properly denied—jury instructions did not allow conviction on banned theories
Jury Instruction on Malice and Aiding/Abetting	Instructions allowed guilt based on imputed malice, not personal intent	Instructions required intent to aid the crime of murder, not just any crime	Instructions were consistent with settled law; no error affecting eligibility
Impact of Jury Verdicts on Eligibility	Not true findings on direct perpetrator enhancements suggest possible conviction under old doctrine	Irrelevant since instructions did not permit conviction under banned theories	Special verdicts and enhancements do not alter the finding of ineligibility
Effect of People v. Langi and Similar Precedent	Langi shows jury may have convicted without personal malice	Langi distinguishable; only murder charged, so intent related specifically to murder	Langi does not compel relief—facts and charges differ materially

People v. McCoy, 25 Cal.4th 1111 (Cal. 2001) (aider and abettor to murder must share murderous intent, not mere participation)
People v. Gentile, 10 Cal.5th 830 (Cal. 2020) (aiders and abettors of murder liable only on direct intent, not imputation via natural and probable consequences)
People v. Reyes, 14 Cal.5th 981 (Cal. 2023) (aiding and abetting implied malice murder remains a valid theory after SB 1437)
People v. Lewis, 11 Cal.5th 952 (Cal. 2021) (setting limits of petition and record review under § 1172.6)
People v. Strong, 13 Cal.5th 698 (Cal. 2022) (procedural requirements at the prima facie stage of resentencing petitions)