P. v. Polk CA1/1
Defendant Susan Mae Polk appeals from a postjudgment order denying her petition for resentencing under Penal Code section 1170.95. The trial court found defendant ineligible for relief as a matter of law because she had not been convicted under the felony-murder rule or the natural and probable consequences doctrine. The court also concluded the jury’s finding that defendant personally used a knife indicated that defendant was the actual killer who acted with malice.
On appeal, defendant contends she is entitled to resentencing because (1) the trial court improperly considered the record of conviction; (2) the trial court employed an incorrect standard of review; and (3) the record does not indicate defendant was the actual killer, had an intent to kill, or acted with implied malice. Defendant further contends the trial court erroneously denied her motion to disqualify the trial court judge. We affirm the orders.
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