People v. Langi Docket: A160262 (First Appellate District), Opinion Date: January 12, 2022. In 2007, Langi was convicted of the second-degree murder of Martinez. Langi was one of four men who beat and robbed a group that included Martinez, who died after someone in Langi’s group punched him, causing him to fall and hit his head. Langi’s Penal Code section 1170.95 resentencing petition was filed before the 2021 amendment, which authorizes resentencing of persons convicted of murder “under the natural and probable consequences doctrine or other theory under which malice is imputed to a person based solely on that person’s participation in a crime.” Langi contends that another member of his group threw the fatal punch and that, although the trial court did not give an instruction framed in terms of the natural and probable consequences theory, the instructions were ambiguous and allowed the jury to find him guilty of murder under a theory under which malice was imputed to him based solely on his participation in a crime. The trial court summarily denied his petition, finding that a 2009 opinion affirming his conviction established that he was convicted as the actual killer. The court of appeal reversed. Citing the Supreme Court’s 2021 "Lewis" decision, the court concluded that reliance on the 2009 opinion was improper. The record of conviction does not conclusively eliminate the possibility that the jury found Langi guilty of murder on a theory under which malice was imputed to him based solely on his participation in a crime. #imputedmalice #naturalandprobableconsequences #actualkiller
Reliance on Original Opinion to Deny 1170.95 Relief was Improper
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