People v. Cornelius
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Defendant was convicted of second degree murder and the jury found true allegations that he personally used a firearm and that he personally and intentionally discharged a firearm causing death. After the enactment of Senate Bill No. 1437, defendant filed a petition for resentencing under Penal Code 1170.95.
The Court of Appeal affirmed the trial court's denial of the petition for resentencing, holding that defendant was ineligible for relief because he was not convicted of felony murder or murder as an aider or abettor under a natural and probable consequences theory. In this case, the jury convicted defendant of second degree murder and found true that he personally and intentionally used a firearm to commit the crime. Therefore, the jury implicitly found that defendant was the "actual killer," and the changes to Penal Code section 188 and 189 were inapplicable.
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