P. v. Garcia CA2/6
In 1998 appellant was convicted of second degree murder after a jury trial. We affirmed the judgment of conviction in an unpublished opinion. (People v. Garcia et al. (July 23, 2001, B126854) (Garcia I).) In 2019 appellant filed a petition to vacate his murder conviction pursuant to a new statute, Penal Code section 1170.95.
The trial court denied the petition, and appellant appealed. We affirmed the trial court’s order in a published opinion that was subsequently ordered depublished by the California Supreme Court. (People v. Garcia (2020) 271 Cal.Rptr.3d 206, previously published at 57 Cal.App.5th 100 (Garcia II).) We concluded that appellant was not entitled to section 1170.95 relief because substantial evidence in the record of conviction shows that, under current law, he could be convicted of murder based on theories of implied malice and direct aiding and abetting.
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