People v. Carroll CA3

Filed 10/28/21 P. v. Carroll CA3

NOT TO BE PUBLISHED

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

(Sacramento) ----

THE PEOPLE, C092527

Plaintiff and Respondent, (Super. Ct. No. 04F00144)

v.

NICOLE CARROLL,

Defendant and Appellant.

Defendant Nicole Carroll appeals the denial of her Penal Code section 1170.95 petition.1 She argues the trial court incorrectly analyzed her claim; she adds that substantial evidence does not support the court’s finding that she could still be convicted of murder despite the change in the law at issue here. In supplemental briefing, she argues for de novo review of her factual claim.

Further undesignated statutory references are to the Penal Code.

1 Because we agree that the analysis was incorrect,…