P. v. Diego CA2/5
In 1991, a jury convicted defendant and appellant Pedro Alberto Diego (defendant) on murder and attempted murder charges, among others. More recently, defendant petitioned the trial court to vacate his first degree murder conviction and both of his attempted murder convictions pursuant to Penal Code section 1170.95 and related amendments made by Senate Bill No. 1437 (2017-2018 Reg. Sess.) (SB 1437). The trial court appointed counsel for defendant and denied his petition. We consider whether the trial court correctly concluded defendant is ineligible for section 1170.95 relief as a matter of law, and this reduces to two specific questions: (1) could the jury have found him guilty of first degree murder on a natural and probable consequences theory, and (2) does section 1170.95 authorize relief not just for murder convictions but for attempted murder convictions?
Comments on P. v. Diego CA2/5