People v. Collins CA3

Filed 1/6/22 P. v. Collins 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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, C093514

Plaintiff and Respondent, (Super. Ct. No. 10F07391)

v.

LATICE COLLINS,

Defendant and Appellant.

Defendant Latice Collins appeals the trial court’s denial of his petition for resentencing under Penal Code section 1170.95.1 He contends the trial court erred when it denied his petition using the substantial evidence standard instead of determining the prosecutor proved each element of the murder under the proof beyond a reasonable doubt standard. We agree and reverse.

Undesignated statutory references are to the Penal Code.

FACTUAL AND PROCEDURAL BACKGROUND

On December 5, 2012, defendant…