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Name: People v. Allen (2023) 97 Cal.App.5th 389
Case #: B324207
Court: CA Court of Appeal
District 2 DCA
Division: 6
Opinion Date: 10/26/2023
Subsequent History: Modified and ordered published 11/20/2023

Trial court correctly found defendant ineligible for Penal Code section 1172.6 relief as a matter of law, where the jury was instructed on both direct aiding and abetting and conspiracy. After a member of his gang was shot, defendant Allen and fellow gang members drove around rival gang territory looking for people to shoot. They shot two men (mistakenly believing they were rival gang members), killing one. Prosecutors charged Allen with murder and attempted murder, alleging he was liable either as an aider and abettor or a coconspirator, and the trial court instructed on both theories of liability. There were no…

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Name: People v. Das (2023) 96 Cal.App.5th 954
Case #: C096982
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 10/25/2023

Penal Code section 1172.6 petition improperly denied at prima facie stage where defendant’s plea to attempted murder did not prove that he acted with intent to kill. Das and several others were involved in a fight that resulted in a stabbing. In 2018, he pleaded guilty to attempted murder with a gang enhancement. During the plea, the prosecutor recited the factual basis for the plea, which included the fact that Das stabbed the victim with a knife during the fight, intending to kill him. The court accepted the factual basis without comment from Das. He later filed a section 1172.6…

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Name: People v. Lee (2023) 95 Cal.App.5th 1164
Case #: B323940
Court: CA Court of Appeal
District 2 DCA
Division: 1
Opinion Date: 09/27/2023

Petitioner convicted of provocative act murder that was potentially based on a theory of imputed malice is not barred from relief under Penal Code section 1172.6. Lee’s first section 1170.95 (now 1172.6) petition for resentencing was denied because his murder conviction was based on the provocative act doctrine. The relief accorded by former section 1170.95 extended only to those convicted under a felony murder or natural and probable consequences theory. After Senate Bill No. 775 amended the statute (effective 1/1/2022), to expand relief to defendants convicted under any theory in which malice was imputed to them based on their participation…

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