People v. Hernandez
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Defendant appealed from the superior court's order denying his petition under Penal Code section 1170.95, which allows certain defendants convicted of murder under a felony murder or natural and probable consequences theory to petition the court to vacate their convictions and for resentencing.
The Court of Appeal affirmed the order denying the petition under section 1170.95, concluding that the superior court correctly ruled that Penal Code section 189, subdivision (f), does not require the prosecution to prove the defendant acted with malice. The court also concluded that, contrary to defendant's contentions, the law of the case doctrine did not preclude the superior court from finding he could be convicted of first degree felony murder under current law and that the superior court did not apply the wrong legal standard in determining whether he had the requisite knowledge under section 189, subdivision (f).
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