People v. Nino

Summary

The California Court of Appeal reversed the denial of Jesus Izaguirre Nino’s petition for resentencing under Penal Code section 1172.6. The court held that although the preliminary hearing record showed Nino was the actual killer, it did not conclusively establish his ineligibility because he could potentially have been convicted of second degree felony murder under a now-invalid imputed-malice theory. The court directed the superior court to issue an order to show cause and hold an evidentiary hearing.

Holdings

1. An actual killer is not categorically ineligible for resentencing under Penal Code section 1172.6. An actual killer may be eligible if, at the time of conviction, the defendant could have been convicted of second degree felony murder under the now-invalid theory that malice was imputed based solely on participation in an inherently dangerous felony.
2. The preliminary hearing transcript and record of conviction did not conclusively establish that Nino was convicted under a still-valid theory of murder. Because the record did not foreclose the possibility of second degree felony murder based on imputed malice, Nino made a prima facie showing of entitlement to relief.
3. The superior court erred by denying the petition at the prima facie stage. On remand, it must issue an order to show cause and conduct an evidentiary hearing under Penal Code section 1172.6, subdivision (d).

Questions Presented

1. Whether an actual killer who pleaded guilty to second degree murder may nevertheless be eligible for resentencing under Penal Code section 1172.6 if the conviction could have rested on the now-invalid theory of second degree felony murder based on imputed malice.
2. Whether the preliminary hearing transcript and record of conviction conclusively established at the prima facie stage that Nino was convicted under a still-valid theory and was therefore ineligible for relief.
3. Whether the superior court erred by denying the petition without issuing an order to show cause and conducting an evidentiary hearing.

Disposition

reversed_and_remanded