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Name: People v. Reyes (2023) 14 Cal.5th 981
Case #: S270723
Court: CA Supreme Court
Opinion Date: 06/29/2023

Opinion by: Justice Liu (unanimous decision)

Trial court’s conclusion that Penal Code section 1170.95 (now 1172.6) petitioner’s second degree murder conviction was sustainable on a direct perpetrator theory was not supported by substantial evidence. After traveling with fellow gang members on bikes to rival gang territory, Reyes was present when Lopez shot and killed a person. Reyes was convicted of second degree murder with gang and firearm enhancements. He later filed a petition for resentencing under section 1172.6, arguing that he was convicted of murder under the now-invalid natural and probable consequences theory. After a (d)(3) hearing, the trial court denied…

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