People v. Rodriguez
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Penal Code section 1170.95 requires the prosecutor to prove beyond a reasonable doubt each element of first or second degree murder under current law to establish a petitioner's ineligibility for relief under that statute.
The Court of Appeal agreed with defendant that the superior court here used an improper standard, concluding he was ineligible for relief under section 1170.95 because the record could support a finding of express malice murder beyond a reasonable doubt, rather than based on its own finding beyond a reasonable doubt that defendant would be guilty of murder within the meaning of sections 188 and 189, as amended by Senate Bill No. 1437. Accordingly, the court reversed the order denying defendant's petition to vacate his murder conviction and for resentencing, remanding for a new evidentiary hearing on defendant's eligibility for relief.
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