P. v. Daley CA2/7
Eva Daley was convicted in 2013 of the second degree murder of 13-year-old Jose Cano following a jury trial at which the prosecutor argued Cano’s murder was the natural and probable consequence of a gang-related assault enabled by Daley. In January 2019 Daley petitioned for resentencing pursuant to Penal Code section 1170.95. After appointing counsel for Daley and receiving briefs from the People and Daley’s attorney, the superior court denied the petition, finding “a reasonable jury could find beyond a reasonable doubt that [Daley] acted with implied malice and/or a reckless disregard for human life and would be guilty of second degree murder.” As Daley and the Attorney General agree, the superior court erred, and the matter is properly remanded for the court to issue an order to show cause and hold an evidentiary hearing at which the prosecution is required to prove beyond a reasonable doubt that Daley is guilty of murder under current law.
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