The trial court correctly denied at the prima facie stage appellant’s PC 1172.6 petition for resentencing for provocative act murder. On transfer for reconsideration in light of People v. Antonelli (2025) 17 Cal.5th 719, the court of appeal held that the 2009 change in the law pertaining to a nonprovocateur defendant had no bearing on this case where the defendant was the provocateur. The provocative act doctrine has always required the defendant must personally act with malice when the defendant is the provocateur. Based on the language of the instructions as given, the verdict establishes that the jury necessarily found appellant personally committed an intentional provocative act with implied malice.

The full opinion is available on the court’s website here: https://www4.courts.ca.gov/opinions/documents/B323640A.PDF