P. v. Karapetyan CA3
The trial court granted defendant Gagik Karapetyan’s petition for resentencing after an evidentiary hearing under Penal Code section 1170.95. The People appeal the decision, contending the trial court imposed on the prosecution the wrong burden of proof when it required the prosecution to establish beyond a reasonable doubt that the jury at defendant’s trial actually relied on a now-valid theory of murder to find defendant guilty, rather than considering whether defendant could currently be convicted under a now-valid theory of murder. While this appeal was pending, the Legislature passed Senate Bill No. 775 (2021-2022 Reg. Sess.) (Stats. 2021, ch. 551, § 2), which clarified the applicable burden of proof in section 1170.95 hearings. Consistent with this legislation, and for the reasons explained below, we will reverse the order granting the petition and remand the case for further proceedings.
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