People v. Berry-Vierwinden
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In the case at hand, the defendant, Ryan Berry-Vierwinden, was convicted of first-degree murder under the theory that he aided and abetted the crime. The murder was deemed first degree because it was committed by means of lying in wait. The defendant appealed the decision, arguing that he is eligible for relief under Penal Code section 1172.6 because the jury instructions at trial allowed for his conviction based on the malice of his accomplice, which was imputed to him solely based on his participation in the crime. He based his argument on previous court decisions, particularly People v. Maldonado.
However, the Court of Appeal, Fourth Appellate District Division One State of California, disagreed with the defendant's argument. The court referenced their prior decisions in People v. Burns and People v. Flores, concluding that the defendant's claim of instructional error does not establish that he "could not presently be convicted of murder or attempted murder because of changes to Section 188 or 189," as required by Penal Code section 1172.6.
The court noted that the law already required an aider and abettor to personally harbor malice for a conviction at the time of the defendant's trial. Therefore, the defendant failed to demonstrate that he could not presently be convicted of murder due to changes made by Senate Bill No. 1437. The court affirmed the trial court's denial of the defendant's petition for resentencing under Penal Code section 1172.6.
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