People v. Antonelli

Summary

The court held that a defendant convicted of provocative act murder before 2009 is not categorically ineligible for resentencing under section 1172.6 because the governing law then permitted malice to be imputed to a nonprovocateur accomplice. It further held that the jury instructions and other portions of the record of conviction are relevant to the prima facie eligibility inquiry. The judgment was reversed and the matter was remanded to the Court of Appeal to address, in the first instance, whether the defendant’s prior resentencing ruling precludes his current petition.