Jan. 20, 2023 – People v. Gonzalez (2nd Dist., Div. 5, B315921)

Following an evidentiary hearing, the trial court denied defendants’ PC 1172.6 petitions upon finding that they were “major participants” and “direct aiders and abettors.” On appeal, defendants argued that the trial court was required to reduce their first-degree murder convictions to second-degree, because the court did not find that they acted with premeditation and deliberation. The Court of Appeal rejects the argument, holding that the plain language of PC 1172.6 does not permit reducing a first-degree murder conviction to second-degree.