People v. Petrovich CA4/3

Filed 1/19/22 P. v. Petrovich CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent, G059834

v. (Super. Ct. No. 06CF3677)

JARED LOUIS PETROVICH, OPINION

Defendant and Appellant.

Appeal from a postjudgment order of the Superior Court of Orange County, Sheila F. Hanson, Judge. Reversed and remanded. James R. Bostwick, Jr., under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Julie L. Garland, Assistant Attorney General, Daniel Rogers and Kristen Kinnaird Chenelia, Deputy Attorneys General, for Plaintiff and Respondent.

Several jail inmates beat another inmate to death because they believed he was a child molester. A jury convicted Jared Louis Petrovich, and four codefendants, of second degree murder. We upheld the conviction in People v. Guillen (2014) 227 Cal.App.4th 934 (Guillen). 1 Petrovich sought resentencing pursuant to Penal Code section 1170.95. The trial court denied the petition without issuing an order to show cause (OSC). Petrovich asserts this was improper because he was entitled to relief and the court improperly relied on the prior appellate opinion (Guillen) as being part of the record of conviction. The Attorney General (AG) concedes Petrovich’s petition for resentencing stated a prima facia case he was potentially eligible for relief, and therefore, the ruling should be reversed. We accept the AG’s concession and reverse the order and remand the matter to the trial court with directions to issue an OSC. FACTS We incorporate by reference the detailed summary of facts set forth in Guillen, supra, 227 Cal.App.4th 934. Simply stated, in 2011 a jury convicted Petrovich of second degree murder (§ 187, subd. (a)), and the trial court sentenced him to 15 years to life in prison. In April 2019, Petrovich filed a petition to vacate his murder conviction and for resentencing under section 1170.95. The petition alleged as follows: “[1] A complaint, information or indictment was filed against me that allowed the prosecution to proceed under a theory of felony murder or murder under the natural and probable consequences doctrine; [¶] [2] At trial, I was convicted of 1st or 2nd degree murder pursuant to the felony murder rule or the natural and probable consequences doctrine; . . . [¶] [3] I could not now be convicted of 1st or 2nd degree murder because of changes