Jun. 9, 2022 – In re Sambrano (4th Dist., Div. 2, E078147)

In a habeas proceeding, the Court of Appeal vacates defendant’s six attempted murder convictions based on the jury receiving a kill zone instruction that was erroneous under People v. Canizales (2019) 7 Cal.5th 591. The court agrees with the parties that Canizales applies retroactively to final cases. The court finds that the kill zone theory was categorically inapplicable under Canizales because there was no evidence of a primary target, and that the error was not harmless beyond a reasonable doubt.