P. v. Keola CA3
In 2000, defendant Mario Keola was tried on numerous criminal charges arising from a death that occurred during a high speed car chase led by defendant. (People v. Keola (Jan. 17, 2002, C037184) [nonpub. opn.].) Included in those charges was a charge for second degree murder and multiple charges for evading a pursuing peace officer.
At trial, defendant’s jury was given two alternate theories for finding defendant guilty of second degree murder: implied malice and second degree felony murder based on evading an officer by driving with reckless disregard for the safety of persons or property. The jury found defendant guilty of second degree murder but there is no way to ascertain from the record upon which theory the jury found defendant guilty. We affirmed the judgment on appeal.
On September 16, 2019, defendant sought resentencing pursuant to Penal Code section 1170.95 in light of changes brought about by Senate Bill No. 1437 (2017-2018 Reg. Sess.) (Senate Bill 1437), which amended
Comments on P. v. Keola CA3