Feb. 23, 2023 – People v. Burgess (3rd Dist., C094813)

The Court of Appeal reverses the trial court’s order denying appellant’s petition for resentencing under PC 1172.6, finding that: (1) collateral estoppel does not preclude the trial court from revisiting a jury’s predicate felony finding to determine whether the prosecution has made the required showing of guilt; and (2) the prosecution did not prove beyond a reasonable doubt that appellant was guilty of murder under current law because theft by false pretenses is not a predicate felony to felony murder.