P. v. Cortez CA2/8
Defendant and appellant Luis Alberto Cortez appeals from the trial court’s order denying, at the prima facie stage, his third petition for resentencing under Penal Code section 1172.6.1 Defendant raises two issues on appeal related to CALCRIM No. 401, the aiding and abetting jury instruction given at his 2010 trial. Defendant contends that CALCRIM No. 401 impermissibly allowed the jury to convict him of murder on a theory of imputed mal
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