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Name: People v. Nguyen (2024) 103 Cal.App.5th 668
Case #: H050103
Opinion Date: 20240711
Subsequent History: Modified 7/29/24 (no change in judgment)
Summary

PC 1172.6 prima facie denial was proper where the only theory of conspiracy liability presented to the jury was conspiracy to commit first-degree murder, which required a finding of express malice. Therefore, although “conspiracy” is a crime, malice was not “imputed” to the defendant “solely” on his “participation in a crime” when the crime itself required express malice.