Trial court’s denial of PC 1172.6 petition reversed where the trial court’s finding that defendant was a major participant who acted with reckless indifference was based partly on a factual finding inconsistent with the jury’s prior acquittal. The defendant in a robbery-murder was acquitted of conspiracy to commit robbery, but the trial court nonetheless determined his participation in the robbery’s planning showed he was guilty of murder under current law. Because no new evidence was introduced at the evidentiary hearing, the trial court’s finding necessarily and improperly conflicted with the prior acquittal and was also prejudicial under Watson.

The full opinion is available on the court’s website here: https://www4.courts.ca.gov/opinions/documents/A168604.PDF