Apr. 7, 2023 – People v. Carr (4th Dist., Div. 2, E079368)

The trial court denied appellant’s PC 1172.6 petition at the prima facie stage on the ground that the jury at appellant’s trial was instructed on implied malice murder involving driving under the influence (Watson murder), not according to a natural and probable consequences or felony murder theory. The Court of Appeal affirms, rejecting appellant’s argument that a conviction for Watson murder involves the imputation of malice within the meaning of PC 188(a)(3).