People v. Lopez

Summary

The court held that a defendant is not categorically barred from seeking resentencing under Penal Code section 1172.6 merely because a claim that jury instructions permitted imputed malice could have been raised on direct appeal. The statute focuses on whether the defendant could presently be convicted under current murder law, and its text does not incorporate a procedural bar based on prior appeals. The court reversed and remanded for consideration of Lopez’s claim and other challenges to the denial of his petition.