May 31, 2023 – People v. Cody (4th Dist., Div. 3, G060218)

The Court of Appeal affirms the denial of appellant’s PC 1172.6 petition, rejecting appellant’s arguments that the trial court improperly relied on the trial transcripts and applied the wrong burden of proof at the (d)(3) hearing, and that there not was substantial evidence that appellant was a major participant and acted with the reckless indifference to human life. In finding substantial evidence, the Court of Appeal finds that neither a federal court’s order vacating the jury’s felony-murder special-circumstance finding based on instructional error, nor the prosecution’s decision to not retry the allegation, materially impacts the analysis.