P. v. Green CA2/1
In 1992, petitioner, Lifalfa Green, suffered convictions for the murder of Juan Nunez, the attempted murder of Jorge Nunez (Juan’s brother), and robbery (of Juan’s vehicle). With respect to the murder, the jury found true that Green personally used a firearm and found not true a robbery murder special circumstance. The jury also found the allegation that Green used a firearm true with respect to the attempted murder and found that the attempted murder was willful, deliberate, and premeditated based on an instruction requiring the jury to consider Green’s confederate’s mental state, not Green’s mental state.
In 2019, Green filed a petition for resentencing pursuant to Penal Code section 1170.95, which the resentencing court denied after holding a hearing at which no party presented new evidence. On appeal, Green challenges the sufficiency of the evidence to support his convictions for murder and attempted murder under current law.
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