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Name: People v. Garcia
Case #: 085213
Opinion Date: 11/20/2023
Attorney: Kaiya R. Pirolo

The Court of Appeal agreed with the parties that the trial court erred in denying appellant’s Penal Code section 1172.6 petition at the prima facie stage. In denying the petition, the court found the information, which alleged appellant committed murder with premeditation and deliberation by means of intentional discharge of a firearm, did not allow for the natural and probable consequences doctrine. However, the manner in which the murder was charged did not limit the prosecution to any particular theory. Rather, it generically charged appellant with murder. (See People v. Flores (2022) 76 Cal.App.5th 974, 987 [“the first amended information charged petitioner generically with murder, and did not specify or exclude any particular theory of murder”]; see also People v. Rivera (2021) 62 Cal.App.5th 217, 233 [“The generic manner in which murder was charged here did not limit the People to prosecuting Rivera on any particular theories”].) The Court of Appeal reversed and remanded the matter with directions for the trial court to issue an order to show cause and, to the extent necessary, hold an evidentiary hearing pursuant to section 1172.6, subdivision (d).