California v. Werntz
Annotate this CaseDefendant-appellant Krissy Werntz sought resentencing under Penal Code section 1172.6. After holding an evidentiary hearing, the trial court denied the petition, finding that the prosecution proved beyond a reasonable doubt that Werntz committed murder by failing to protect her daughter. Werntz contends there was insufficient evidence to support the court’s findings. She asked the Court of Appeal to review the denial of her petition de novo because there was no live testimony. In the alternative, she contended there was not substantial evidence to support the court’s factual conclusions. Furthermore, she contended the trial court’s order could not be affirmed based on a finding of aiding and abetting implied malice murder because such a theory was not valid under the current law. The Court of Appeal concluded the proper standard of review was substantial evidence, and found that substantial evidence supported the trial court’s conclusion that Werntz failed to protect her child and was guilty of second degree murder. In addition, the Court rejected Werntz’s contention that aiding and abetting implied malice murder no longer exists under California law.
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