People v. Maraglino CA4/1

Good Law
Court of Appeal of CaliforniaNovember 4, 2022D077746ACalifornia560 words

Opinion

Opinion

DISCUSSION

In October 2015, a jury convicted Maraglino of first degree murder (§ 187, subd. (a)), kidnapping (§ 207, subd. (a)), torture (§ 206), and attempted sexual battery by restraint (§§ 243.4, subd. (a) & 664) following the death of

Statutory references are to the Penal Code.

When Maraglino filed her petition, she sought relief under section 1170.95. Assembly Bill No. 200 (Stats. 2022, ch. 58, § 10) renumbered section 1170.95 to 1172.6, effective June 30, 2022. 2 Brittany K. in April 2012. It also convicted Maraglino of a conspiracy to kidnap. (§ 182, subd. (a)(1).) The facts underlying the conviction can be found in our unpublished opinion People v. Maraglino (Dec. 29, 2017, D069297, D069609) (Maraglino). Maraglino appealed the conviction, challenging the sufficiency of the evidence and the true findings on the kidnapping special circumstance, among other things. In December 2017, we issued our opinion and found insufficient evidence to support the convictions for torture and attempted sexual battery by restraint. However, we concluded substantial evidence supported the other convictions and special circumstance findings, and we affirmed those convictions. We…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.