People v. Lovejoy
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The case involves Diana Lovejoy, who was convicted of conspiring with her co-defendant, 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 Code section 1172.6, claiming that both convictions may have been based on a theory of imputed malice. The trial court disagreed and denied her petition for relief without an evidentiary hearing.
The Superior Court of San Diego County affirmed Lovejoy's convictions. The court concluded that Lovejoy’s conviction for conspiracy to commit murder was necessarily based on a jury finding that she personally harbored an intent to kill, making her ineligible for relief under the statute. Lovejoy appealed this decision.
The Court of Appeal, Fourth Appellate District Division One State of California, affirmed the lower court's decision. The appellate court concluded that Lovejoy's conviction for conspiracy to commit murder was necessarily based on a jury finding that she personally harbored an intent to kill, making her ineligible for relief under the statute. The court also found that Lovejoy's conviction for attempted murder was not based on a now-impermissible theory, i.e., the natural and probable consequences doctrine. Therefore, the court affirmed the order denying Lovejoy’s petition for resentencing.
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