People v. Greenberger CA2/4

INTRODUCTION

In 1991, a jury convicted defendant and appellant Karen Greenberger of second-degree murder and aggravated kidnapping. In 2019, Greenberger filed a petition for resentencing under Penal Code section 1170.95.1 The trial court appointed counsel, issued an order to show cause, and held an evidentiary hearing. It denied Greenberger relief, concluding she had personally planned the murder and could be convicted under current law as a direct aider and abettor or as a member of an uncharged conspiracy. On appeal, Greenberger raises two related claims. First, she contends that because the jury acquitted her of first-degree murder, the trial court was collaterally estopped from finding she could now be convicted of murder as an aider and abettor or conspirator. Second, she argues that in light of the jury’s acquittal on her first-degree murder charge, the trial court’s findings regarding aiding and abetting and conspiracy are unsupported by substantial evidence. We reject these contentions and affirm the trial court’s order denying relief.

PROCEDURAL BACKGROUND

As noted above, in 1991 a jury acquitted Greenberger of first-degree murder but convicted her of second-degree…