In an appeal from the prima facie denial of defendant’s PC 1170.95 petition, the Court of Appeal holds that “the term ‘actual killer’ as used in the revised felony-murder rule of [PC 189(e)(1)] refers to someone who personally killed the victim and is not necessarily the same as a person who ’caused’ the victim’s death.” The court finds that defendant made a prima facie case for relief and remands with instructions to issue an OSC and conduct an evidentiary hearing.
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