In this SB 1437 case, the Court of Appeal agreed with appellant that remand for an evidentiary hearing was required because the jury was instructed on aiding and abetting and the natural and probable consequences doctrine, it could have relied on this now-invalid theory of imputed malice to convict him of murder, and the court improperly made factual findings to deny the petition. One of the trial court’s reasons for denying the petition at the prima facie stage was based on a misunderstanding of the peace officer exception to the felony-murder rule. The remaining reason to deny the petition was a finding that appellant was the actual killer, but the record of conviction does not establish this as a matter of law.