People v. Worthy CA4/2
Opinion
Opinion
STATEMENT OF THE CASE
On May 10, 2018, a first amended information charged defendant and her
codefendant John Corey Broyles with one count of murder (Pen. Code, §187, subd. (a))
for killing the victim. On May 30, 2018, a jury found “defendant Guilty as to Count 001,
PC 187(A)-F: Murder.” On July 26, 2018, the trial court sentenced defendant to
years to life.
Defendant appealed from her underlying conviction. While her direct appeal was
pending, defendant filed a petition for resentencing under Penal Code section 1170.95.
The trial court found defendant ineligible for relief. Defendant appealed from the trial
court’s denial of her motion for resentencing.
On April 7, 2020, we issued an unpublished opinion on the direct appeal in People
v. Broyles (April 7, 2020, E071002) [nonpub. opn.]. We found that “the trial court
erroneously instructed the jury [regarding deliberation and premeditation] such that it
believed it could find [defendant] guilty of first degree murder without finding that she
acted with deliberation.” After reviewing the record in the case, however, we stated
‘ “that it would have been ‘virtually impossible’ ” ’ for [defendant] to have acted