Under PC 1172.6, the jury’s not-true findings at trial did not preclude the trial court from finding defendant was the actual killer after an evidentiary hearing.  Although the jury found not true allegations that appellant personally used a firearm and that he personally killed the victim, the jury’s not-true findings are not the equivalent of an affirmative finding. Moreover, weapon use is not an ultimate fact of murder. Substantial evidence supported the trial court’s finding defendant was the actual killer.

The full opinion is available on the court’s website here: https://www4.courts.ca.gov/opinions/documents/B342239.PDF