Whipple

I. BACKGROUND

Whipple and a co-defendant were charged with first degree murder (§ 187, subd.

(a)) and arson of property (§ 451, subd. (d)). The operative charging document also

alleged that both Whipple and the co-defendant committed the murder during a robbery 2 or attempted robbery.

In November 2019, Whipple was convicted on both charges, and the jury found

true a special circumstance allegation that she was a major participant in the robbery or

attempted robbery and acted with reckless indifference to human life. The trial court

sentenced Whipple to life without the possibility of parole on the murder count. We

affirmed her conviction. (See generally People v. Nance (Sep. 6, 2022, E075270)

[nonpub. opn.].) On appeal, Whipple did not raise any arguments relating to jury

instructions, instead raising arguments only as to improper exclusion of evidence and

sentencing. (Ibid.)

1 Undesignated statutory references are to the Penal Code. 2 In a previous order, we took judicial notice of the record in Whipple’s prior appeal.

2 Whipple later petitioned for resentencing under section 1172.6. After the People

submitted an opposition and the trial court held a hearing, the…