The Court of Appeal held that, in denying appellant’s Penal Code section 1172.6 resentencing petition, the trial court improperly relied on portions of the Court’s prior unpublished opinion that were premised on the weighing of evidence presented at trial, and that the record of conviction did not conclusively establish the jury’s verdict was premised on a theory of implied malice second degree murder. Accordingly, the court reversed the order denying appellant’s 1172.6 petition and remanded the matter for further proceedings.
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