Jan. 3, 2023 – People v. Guiffreda (4th Dist., Div. 1, D079834)

The Court of Appeal reverses the denial of defendant’s PC 1172.6 resentencing petition, finding insufficient evidence that she acted with reckless indifference to human life. Applying the relevant Clark factors, the court finds that defendant did not use a weapon (nor was there any evidence that she knew a weapon would be used) during the robbery, was not present when the actual killer obtained the murder weapon, and did not know the actual killer was likely to use lethal force. The court remands with instructions to grant the petition, vacate the murder conviction, and conduct further proceedings.