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Name: People v. Rodriguez
Case #: F084165
Opinion Date: 10/03/2023
Attorney: Barbara A. Smith

Appellant appealed the denial of his Penal Code section 1172.6 petition at the prima facie stage. Assuming without deciding the reasonable likelihood standard applies, the Court of Appeal concluded there is a reasonable likelihood the jury could have been misled by the instructions regarding aiding and abetting, leaving open the possibility appellant was convicted of second degree murder under an improper theory of imputed malice. Because the record of conviction did not conclusively negate this reasonable likelihood, appellant could not be deemed ineligible for resentencing as a matter of law at the prima facie stage. The court reversed the order denying the petition and remanded for an evidentiary hearing.