Oct. 20, 2022 – People v. Schell (2nd Dist., Div. 6, B313694)

Following an evidentiary hearing, the trial court denied defendant’s request for resentencing under PC 1172.6 because his participation in a group assault supported a finding of implied malice murder. The Court of Appeal affirms, finding substantial evidence of implied malice where defendant actively participated in the assault where co-participants were using weapons. The court also holds that SB 775 did not invalidate guilt for implied malice murder based on an aiding and abetting theory, and that the prosecution may present a new theory of guilt at a PC 1172.6 evidentiary hearing.