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Name: People v. Vargas
Case #: F084820
Opinion Date: 02/07/2024
Attorney: Robert Navarro

Appellant petitioned for resentencing on his conviction for first degree murder under Penal Code section 1172.6. The trial court conducted an evidentiary hearing and denied the petition after finding beyond a reasonable doubt that appellant was the actual killer and, alternatively, was a major participant in the underlying felony who acted with reckless indifference to human life. The Court of Appeal agreed with appellant that substantial evidence does not support the court’s findings. The Court of Appeal reversed the denial of the petition and remanded for further proceedings pursuant to section 1172.6.