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PEOPLE v. FORTMAN

No. B304567.

64 Cal.App.5th 217 (2021)

THE PEOPLE, Plaintiff and Respondent, v. PHILLIP CHARLES FORTMAN, Defendant and Appellant.

Court of Appeals of California, Second District, Division Two.

May 13, 2021.

Attorney(s) appearing for the Case

Johanna Pirko , under appointment by the Court of Appeal, for Defendant and Appellant.

Xavier Becerra , Attorney General, Lance E. Winters , Chief Assistant Attorney General, Susan Sullivan Pithey , Assistant Attorney General, Scott A. Taryle and Idan Ivri , Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

When determining whether to vacate a defendant's murder conviction that may rest on a theory of vicarious liability later invalidated by Senate Bill No. 1437 (2017-2018 Reg. Sess.) (Senate Bill 1437), the conviction must stand if the prosecution proves, beyond a reasonable doubt, that the conviction is valid...

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