People v. Taito

Summary

The California Court of Appeal affirmed the denial of Safoloooi Sam Taito’s petition for resentencing under Penal Code section 1172.6. The court held that the record conclusively established Taito’s eligibility for conviction under the current felony-murder statute because the jury found him guilty of first degree felony murder and found true a felony-murder special circumstance. The court also interpreted Penal Code section 189, subdivision (e)(2), as requiring a non-killer to aid, abet, or assist in the qualifying felony with intent to kill, rather than necessarily assisting in the killing itself.

Holdings

1. A defendant is ineligible for section 1172.6 resentencing when the record of conviction conclusively establishes that the jury found the defendant guilty of first degree felony murder under a theory valid under current Penal Code section 189, subdivision (e). Taito's felony-murder special-circumstance finding established such ineligibility as a matter of law.
2. For a nonactual killer, Penal Code section 189, subdivision (e)(2) requires aiding, abetting, or assisting in the qualifying underlying felony, rather than aiding, abetting, or assisting the killing itself, when the participant acts with the intent to kill.
3. The trial court properly denied Taito's section 1172.6 petition at the prima facie stage because the record of conviction conclusively established his ineligibility; no order to show cause or evidentiary hearing was required.

Questions Presented

1. Whether the record of conviction conclusively established that Taito was ineligible for resentencing under Penal Code section 1172.6.
2. Whether a felony-murder special-circumstance finding under the former law established that a nonactual killer aided, abetted, or assisted in the qualifying felony with the intent to kill, as required by current Penal Code section 189, subdivision (e)(2).
3. Whether the trial court properly denied Taito's section 1172.6 petition at the prima facie stage without issuing an order to show cause.

Disposition

affirmed