Taylor

INTRODUCTION

Petitioner Tramell Vernon Taylor petitioned the superior court, pursuant to former section 1170.95 (now § 1172.6) of the Penal Code,1 for resentencing on his conviction for first degree murder (§ 187, subd. (a)). The trial court conducted an evidentiary hearing and denied the petition on the ground petitioner “could still be convicted of the murder . . . under the [p]rovocative [a]ct [d]octrine” because he was a “major participant[] who acted with reckless indifference to human life when [he] participated in the incident which le[]d to the death . . . .” Petitioner contends the order denying the petition must be reversed because the court’s factual findings do not support a finding of guilt beyond a reasonable doubt on a valid legal theory. He points out that the court did not find that petitioner himself committed a provocative act that would support a provocative act theory of murder, and he contends substantial evidence would not support such finding. He therefore contends the court erred in finding him guilty of provocative act murder based on an act committed by his surviving accomplice. Additionally, he argues the court erred in finding he was guilty of murder…