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Name: People v. Evans
Case #: F085206
Opinion Date: 01/25/2024
Attorney: Sylvia W. Beckham

The Court of Appeal agreed with appellant that the trial court erred in denying his Penal Code section 1172.6 petition at the prima facie stage because the record did not conclusively establish he was convicted under a valid theory of attempted murder. Though not instructed on a natural and probable consequences theory of attempted murder, the jury instructions still permitted the jury to convict appellant under an imputed malice theory based solely on his participation in a crime. Further, the trial court erroneously imposed concurrent terms on counts two and four, which required the Court of Appeal to vacate the sentence on these counts and to remand for the court to determine which terms must be stayed. On remand, the trial court was directed to recalculate appellant’s custody credits.