People v. Maraglino CA4/1
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 The facts underlying the conviction can be found in our unpublished opinion People v. Maraglino (Dec. 29, 2017, D069297, D069609) (Maraglino).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…