P. v. Morones CA2/8
Defendant Christian Morones appeals from the denial of his resentencing petition. He was convicted of murder under the provocative act murder doctrine, after one of his accomplices in a robbery was killed by the victim of the robbery. He contends he was convicted under a theory “under which malice is imputed to a person based solely on that person’s participation in a crime” (Pen. Code, § 1170.95, subd. (a)(1)), and therefore is eligible for resentencing. (All further statutory references are to the Penal Code.)
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