Mar. 9, 2022 – People v. Pacheco (4th Dist., Div. 3, G059940)

The Court of Appeal holds that a gang special-circumstance finding at appellant’s jury trial did not preclude appellant from making a prima facie showing under PC 1170.95, as the special-circumstance instruction required the jury to find only that appellant had the intent to kill, not that appellant directly aided and abetted the murder.