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PC Section 1172.6 Resentencing and Pre-2009 Provocative Act Murder Convictions

Case Name: People v. Antonelli (2023) 93 Cal.App.5th 712, review granted 10/18/2023
Case #: S281599/B321947
Last Updated: April 10, 2024

(1) Is defendant entitled to resentencing pursuant to Penal Code section 1172.6 on the ground that malice could be imputed to the defendant under the provocative act theory of murder for convictions occurring before 2009 (see Sen. Bill No. 775 (2021-2022 Reg. Sess.); People v. Concha (2009) 47 Cal.4th 653)? (2) Did the trial court err by not considering the jury instructions in determining defendant was ineligible for resentencing as a matter of law for a provocative act murder?

Review on this issue has also been granted with briefing deferred in:

Second District

  • People v. Concha (B319341) [nonpub. opn.], review granted 4/10/2024 (S284059)
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