P. v. Garcia
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Defendant was convicted of second-degree murder; the jury rejected the special circumstance allegation that the murder occurred during the course of a robbery. In 2019, Defendant filed a petition for resentencing under Penal Code section 1172.6. Following an evidentiary hearing, the trial court denied Defendant’s petition on the grounds that Defendant was ineligible for resentencing because he aided and abetted the murder and acted with malice. On appeal, Defendant does not challenge the trial court’s findings but argued he should have been resentenced without a hearing under the streamlined procedure described in section 1172.6, subdivision (d)(2), which applies when “there was a prior finding by a court or jury that the petitioner did not act with reckless indifference to human life or was not a major participant in the felony.” He asserted that the jury’s rejection of the special circumstance constitutes such a finding, regardless of any other viable grounds for his conviction.
The Second Appellate District affirmed. The court explained that Section 1172.6, subdivision (d)(2) does not mandate vacatur of a murder conviction and resentencing when there are viable bases for murder liability independent of a rejected special circumstances allegation. Section 1172.6, subdivision (d)(2) provides a mechanism to streamline the process of resentencing only if it is clear the petitioner is otherwise eligible for resentencing under section 1172.6.
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