Oct. 19, 2022 – People v. Vizcarra (4th Dist., Div. 1, D078869)

In an appeal from the denial of defendant’s petition for resentencing under PC 1172.6, the Court of Appeal affirms the trial court’s finding, following a PC 1172.6(d)(3) hearing, that defendant was guilty of directly aiding and abetting implied malice murder. The court holds that aiding and abetting implied malice murder is a valid theory of murder liability, and that there was substantial evidence supporting the theory here. The court also rejects defendant’s argument that the PC 1172.6 proceedings rendered his case nonfinal for the purposes of SB 1393.