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Name: People v. Lovejoy (2024) 101 Cal.App.5th 860
Case #: D080941
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 05/02/2024

Defendant was ineligible for relief under PC 1172.6 where her conviction for conspiracy to commit murder was necessarily based on a jury finding that she personally harbored an intent to kill. Following the passage of SB 775, defendant sought resentencing relief for her convictions of attempted murder and conspiracy to murder the same victim. The Court of Appeal affirmed the denial of resentencing for the attempted murder conviction. The jury instructions could not have permitted the jury to rely on the natural and probable consequence doctrine, as the jury…

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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. Medrano
Case #: B306749
Court: CA Court of Appeal
District 2 DCA
Division: 6
Opinion Date: 08/24/2021

Penal Code section 1170.95 relief is unavailable to a petitioner concurrently convicted of first degree murder and conspiracy to commit murder where both convictions involve the same victim. In 1991, Medrano was convicted of two counts of first degree murder, conspiracy to commit murder, and other offenses. A multiple victim special circumstance was found true. In 2019, he filed a petition for resentencing alleging he was convicted pursuant to the felony murder rule or the natural and probable consequences doctrine, and could not now be convicted of murder because of the changes made to Penal Code sections 188 and…

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