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Name: People v. Lovejoy (2024) 101 Cal.App.5th 860
Case #: D080941
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 05/02/2024
Summary

Defendant was ineligible for relief under PC 1172.6 where her conviction for conspiracy to commit murder was necessarily based on a jury finding that she personally harbored an intent to kill. Following the passage of SB 775, defendant sought resentencing relief for her convictions of attempted murder and conspiracy to murder the same victim. The Court of Appeal affirmed the denial of resentencing for the attempted murder conviction. The jury instructions could not have permitted the jury to rely on the natural and probable consequence doctrine, as the jury would have necessarily also found her guilty of the lesser included offense of conspiracy to commit assault with a firearm, and not conspiracy to commit murder. Because her conviction for conspiracy to commit murder was based on a finding that she personally harbored an intent to kill, the trial court properly found her ineligible for relief as a matter of law for the attempted murder conviction.

The full opinion is available on the court’s website here: https://www.courts.ca.gov/opinions/documents/D080941.PDF