On remand from the California Supreme Court, the Court of Appeal agreed with appellant’s argument that the trial court applied the wrong standard at the evidentiary hearing on his petition for resentencing under Penal Code section 1172.6. Section 1172.6, subdivision (d)(3), required the court to act as an independent factfinder and determine beyond a reasonable doubt whether appellant was guilty of murder under current law. The Court of Appeal also agreed that the error was prejudicial, because there was a reasonable probability that a properly functioning factfinder could have rejected both theories. It reversed the order denying the petition and remanded for a new evidentiary hearing.
