P. v. Villalobas CA2/6
In 2002, Rolando Villalobos was convicted, by jury, of conspiracy to commit murder, attempted murder and second degree murder. We affirmed the conviction in an unpublished opinion. (People v. Villalobos (June 3, 2003, B157098) (Villalobos).) In 2019, appellant filed a petition for resentencing under Penal Code former section 1170.95 (now § 1172.6). The trial court appointed counsel to represent appellant and, after reviewing the parties’ briefs, denied the petition on the ground that appellant was ineligible for resentencing because he was convicted of provocative act murder rather than felony murder or murder on a natural and probable consequences theory. Appellant contends the trial court erred because the jury instructions at his trial would have allowed the jury to convict him by imputing to him the malice of the person who committed the provocative act, without finding that appellant personally had the intent to kill. We affirm.
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