People v. Offley
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Defendants Offley and Keller challenged the trial court's denial of their petitions under Penal Code section 1170.951 for resentencing on their murder convictions.
The Court of Appeal held that the trial court erred by denying defendants' petitions at the first stage of prima facie review. The court reversed the denial of Offley's petition because an enhancement under section 12022.53, subdivision (d) does not establish as a matter of law that a defendant acted with malice aforethought. The court also reversed the denial of Keller's petition because the trial court misinterpreted the record. In this case, Keller's enhancement was under section 12022.53, subdivision (e)(1) and showed only that a principal to the crime, not Keller himself, fired a weapon and caused the victim's death.
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