In re Rayford
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Defendants Rayford and Glass were convicted of 11 counts of attempted willful, deliberate, and premeditated murder and one count of shooting at an inhabited dwelling based on their participation in a 2004 shooting.
The Court of Appeal granted the petitions for habeas relief and held that People v. Canizales (2019) 7 Cal.5th 591, 597, applies retroactively to defendants' convictions. The Supreme Court held in Canizales that a jury may convict a defendant under the kill zone theory only when the jury has made two findings. Under Canizales, the court held that the evidence at trial was not sufficient to instruct the jury on the kill zone theory, and it was prejudicial error to instruct the jury on the kill zone theory.
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