People v. Leon CA5

California Court of Appeal Apr 26, 2021 No. F080652Unpublished

AI Brief

AI-generated · verify before citing

Holding. The court affirmed the denial of the defendant's petition for resentencing under Penal Code section 1170.95, holding that the defendant was ineligible for relief as a matter of law because he was the sole perpetrator convicted of second degree murder based on actual implied malice rather than vicarious liability.

Issues

Whether the defendant made a prima facie showing of eligibility for relief under Penal Code section 1170.95.
Whether a defendant convicted of second degree murder based on implied malice is eligible for relief under Senate Bill 1437.

Disposition. affirmed

Quotations verified verbatim against the opinion

“Leon was convicted of second degree murder based upon “actual implied malice, not malice imputed under the natural and probable consequences doctrine.””

“Because Leon was the sole perpetrator of the murders, he could not have been prosecuted under the natural and probable consequences doctrine or the felony murder rule.”

“He is therefore ineligible for relief under section 1170.95 as a matter of law.”

Filed 4/26/21 P. v. Leon CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT

THE PEOPLE, F080652 Plaintiff and Respondent, (Super. Ct. No. VCF217057) v.

SALVADOR CARRILLO LEON, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Tulare County. Gary L. Paden, Judge. John L. Staley, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

* Before Levy, Acting P.J., Smith, J. and De Santos, J.

Appointed counsel for appellant Salvador Carrillo Leon asked this court to review the record to determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) Leon was advised of his right to file a supplemental brief within 30 days of the date of filing of the opening brief. This court did not receive a supplemental brief from him. Finding no arguable error that would result in a disposition more favorable to Leon, we affirm. PROCEDURAL HISTORY On April 28, 2010, Leon was convicted by jury of two counts of second degree murder (Pen. Code,1 § 187, subd, (a)), two counts of gross vehicular manslaughter while intoxicated (§ 191.5, subd. (a)), and two counts of driving under the influence causing injury (Veh. Code, § 23153, subd. (a)). In addition, two enhancements were found true alleging Leon caused great bodily injury in the commission of driving under the influence (§ 12022.7, subd. (a)). On November 3, 2011, this court affirmed Leon’s conviction on appeal. (People v. Salvador Carrillo Leon (Nov. 3, 2011, F060367) [nonpub. opn.].) On January 1, 2019, Senate Bill No. 1437 (2017-2018 Reg. Sess.) (Senate Bill 1437) went into effect. It amended sections 188 and 189, narrowed the scope of culpability for murder, and added section 1170.95 to the Penal Code. (See Stats. 2018, ch. 1015, §§ 1-4.) On December 2, 2019, Leon filed a petition to vacate his murder conviction pursuant to section 1170.95. Leon checked boxes indicating “[a] complaint, information, or indictment was filed against [him] that allowed the prosecution to proceed under a theory of felony murder or murder under the natural and probable consequences doctrine[,]” and that “[a]t trial, [he] was convicted of 2nd degree murder pursuant to the

People v. Leon CA5

AI Brief

More from California Court of Appeal

Related research

AI Brief