Aug. 17, 2022 – People v. Guillory (1st Dist., Div. 5, A161952)

The Court of Appeal finds that a not-true finding on one of several special-circumstance allegations (murder during the course of a kidnapping) did not entitle appellant to automatic vacatur of her murder conviction under PC 1172.6(d) (former PC 1170.95(d)), where the rejected special-circumstance allegation was not the only viable ground for a murder conviction. The court also holds that appellant is not entitled to retroactive application of Prop 57 because appellant’s case was final when the proposition took effect and an order to show cause under PC 1172.6 does not vacate a sentence.