People v. Duke
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Defendant appealed the trial court's denial of his petition under Penal Code section 1170.95 for resentencing on his murder conviction. Defendant was convicted by a jury of murder in 2013 based on his involvement in an incident where a cohort stabbed the victim.
The Court of Appeal agreed with defendant that the trial court incorrectly considered the case as if it involved felony murder, but nevertheless affirmed because the trial court's finding regarding defendant's involvement in the murder was both supported by the evidence and sufficient to justify denying his petition. In this case, a reasonable jury could conclude beyond a reasonable doubt on the basis of the evidence that defendant acted with express malice, directly aiding and abetting the murder. Therefore, the trial court's error was harmless, because defendant could still be convicted of murder under the current Penal Code section 188.
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