People v. Madriles CA4/3

Filed 8/24/23 P. v. Madriles 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, G061686

v. (Super. Ct. No. 12NF1705)

RICHARD MADRILES, OPINION

Defendant and Appellant.

Appeal from a postjudgment order of the Superior Court of Orange County, Richard M. King, Judge. Affirmed. Rachel Varnell, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Charles C. Ragland, Assistant Attorney General, Arlene A. Sevidal, Lynne G. McGinnis, and James M. Toohey Deputy Attorneys General, for Plaintiff and Respondent. * * *

This appeal arises from a resentencing petition pursuant to Penal Code 1 former section 1170.95 (now Pen. Code § 1172.6), which the trial court denied at the prima facie stage. The crux of the issue is: When defendant Richard Madriles was charged with murder in 2014, the People could have proceeded on a theory of natural and probable consequences. However, by the time Madriles pleaded guilty to voluntary manslaughter in 2021, the doctrine of natural and probable consequences was no longer a viable theory of murder. Despite the change in the law, Madriles contends, under a plain reading of the statute, he is eligible for resentencing. We disagree and affirm the order.

STATEMENT OF THE CASE In 2014, Madriles was charged with murder (§ 187, subd. (a)) and active participation in a criminal street gang (§ 186.22, subd. (a)). As enhancements, it was further alleged the murder was committed for the benefit of a street gang and “another principal intentionally discharged a firearm causing death . . . .” It was also alleged that Madriles personally discharged a firearm causing the victim’s death. In 2019, the Legislature enacted Senate Bill No. 1437 (2017-2018 Reg. Sess.) (Senate Bill 1437), which eliminated the doctrine of natural and probable consequences as a theory of murder. (Stats. 2018, ch. 1015.) In 2021, the information was amended to add a count of voluntary manslaughter. Madriles pleaded guilty to voluntary manslaughter and made the following admission: “In Orange County, California, on May 15, 2012, I unlawfully and without malice aided and abetted in the killing of Omar R. upon a sudden quarrel, and I committed this crime for the benefit of and in association with Eastside Anaheim, a