Lovejoy

Filed 5/2/

CERTIFIED FOR PUBLICATION

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D080941

Plaintiff and Respondent,

v. (Super. Ct. No. SCN363925)

DIANA LOVEJOY,

Defendant and Appellant.

APPEAL from an order of the Superior Court of San Diego County, Sim von Kalinowski, Judge. Affirmed. Carl Fabian, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Charles C. Ragland, Assistant Attorney General, A. Natasha Cortina, Lynne G. McGinnis, James M. Toohey, Christine Levingston Bergman and Kelley Johnson, Deputy Attorneys General, for Plaintiff and Respondent. Defendant Diana Lovejoy was convicted of conspiring with her codefendant, Weldon McDavid, to murder her ex-husband, Greg Mulvihill. She was also found guilty of attempted murder after McDavid shot and wounded Mulvihill. Several years after her convictions were final, she sought

to be resentenced pursuant to current Penal Code1 section 1172.6, claiming that both convictions may have been based on a theory of imputed…