Jury Instruction on Extinct Theory Mandates Resentencing Hearing
Div. Four of this district’s Court of Appeal has held that a resentencing hearing is required where the jury was instructed on the natural and probable consequences doctrine of murder liability on the part of an aider and abettor—a now-retroactively-invalid theory under amended Penal Code §§188 and 189—even if the prosecution only argued a theory based on an express intent to kill.
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