Harden

Filed 7/12/22; Opinion following rehearing

OPINION ON REHEARING

CERTIFIED FOR PUBLICATION

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D078191

Plaintiff and Respondent,

v. (Super. Ct. No. SCN124346)

YOLANDA HARDEN,

Defendant and Appellant.

APPEAL from an order of the Superior Court of San Diego County, Joan P. Weber, Judge. Affirmed. David M. McKinney, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Julie L. Garland, Assistant Attorney General, Eric A. Swenson, Heather M. Clark and Alan L. Amann, Deputy Attorneys General, for Plaintiff and Respondent. Recent amendments to California’s homicide statutes significantly limit the circumstances in which someone who did not actually kill the victim can

be convicted of murder. Penal Code section 1170.951 provides an avenue for those convicted before these statutory changes became effective to receive the benefits of the new legislation. Invoking section 1170.95, Yolanda Harden seeks to vacate her…