P. v. Molina CA2/2
A jury convicted David Molina (defendant) of the attempted premeditated murder of a person he believed to be a rival gang member. On appeal, defendant argues that his conviction must be reversed because (1) one of the legal theories that supports his conviction is invalid, (2) the jury instructions were defective, and (3) there was insufficient evidence. In an opinion issued on April 30, 2021, we rejected defendant’s arguments and affirmed his conviction. Our Legislature subsequently enacted Senate Bill No. 775 (Stats. 2021, ch. 551), which declares invalid one of the two legal theories supporting defendant’s conviction; because the presentation of the now-invalid theory was not harmless beyond a reasonable doubt, we reverse defendant’s conviction and remand for further proceedings.
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