People v. Polk CA1/1

I. BACKGROUND

An indictment was filed charging defendant with murder of her husband in violation of section 187. The indictment further alleged defendant personally used a knife in the commission of the offense. Following a jury trial, defendant was convicted of second degree murder and sentenced to 16 years to life. This court affirmed the judgment in People v. Polk (2010) 190 Cal.App.4th 1183. Defendant subsequently filed a petition for resentencing pursuant to section 1170.95. She alleged she was convicted of second degree murder pursuant to the felony-murder rule or the natural and probable consequences doctrine. She further asserted she could no longer be convicted of second degree murder due to changes to section 188.2 The district attorney opposed defendant’s petition. In relevant part, the district attorney argued defendant was ineligible for relief because she acted with express or implied malice when she stabbed the victim. The district attorney thus argued defendant could still be convicted of second degree murder despite changes to sections 188 and 189. The trial court summarily denied defendant’s petition. It concluded defendant had not made a prima facie showing…