People v. Silva CA2/5

California Court of Appeal May 14, 2024 No. B328753Unpublished

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Holding. The court held that a defendant convicted of attempted murder under a direct aiding and abetting theory is ineligible for resentencing under Penal Code section 1172.6, as that statute only applies to convictions based on the natural and probable consequences doctrine or other theories of imputed malice.

Issues

Whether a defendant convicted of attempted murder under a direct aiding and abetting theory is eligible for relief under Penal Code section 1172.6.
Whether the trial court erred in denying the section 1172.6 petition at the prima facie stage based on the record of conviction.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“Section [1172.6] applies by its terms only to attempted murders based on the natural and probable consequences doctrine.”

“Direct aiding and abetting remains a valid theory of attempted murder after the enactment of Senate Bill No. 775.”

“defendant does not dispute that he was convicted of attempted murder under a direct aiding and abetting theory predicated on a finding of specific intent to kill, a finding that renders him ineligible for relief under section 1172.6”

Filed 5/14/24 P. v. Silva CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION FIVE

THE PEOPLE, B328753

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. TA087038) v.

RAFAEL FIGUEROA SILVA,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Sean D. Coen, Judge. Affirmed. Edward H. Schulman, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Senior Assistant Attorney General, Noah P. Hill and Heidi Salerno, Deputy Attorneys General, for Plaintiff and Respondent.

I. INTRODUCTION

Defendant Rafael Figueroa Silva appeals from an order denying his petition for resentencing pursuant to Penal Code section 1172.6.1 We affirm.

II. BACKGROUND

A. Underlying Criminal Conviction

On May 5, 2008, the Los Angeles County District Attorney (District Attorney) filed an amended information alleging among other things that defendant and codefendant Eudaldo Delatorre committed the attempted willful, deliberate, and premeditated murder of David Folger (§§ 187, 664; count 1) and shot from a motor vehicle at David Folger (§ 12034, subd. (c); count 3).2 For each count, the District Attorney also alleged that a principal personally and intentionally discharged a firearm which caused great bodily injury or death (§ 12022.53, subds. (d) and (e)(1)), a principal personally and intentionally discharged a firearm (id., subds. (c) and (e)(1)), a principal personally used a firearm (id., subds. (b) and (e)(1)), and the crime was committed for the

People v. Silva CA2/5

AI Brief

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION FIVE

THE PEOPLE, B328753

RAFAEL FIGUEROA SILVA,

I. INTRODUCTION

II. BACKGROUND

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III. DISCUSSION

IV. DISPOSITION

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

KIM, J.

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