Error and/or relief
On remand from the previous appeal, the trial court did not follow the instructions in the opinion to determine whether the defendant was guilty of implied malice second degree murder, and instead concentrated on whether the defendant had made a prima facie showing that he was eligible for relief under section 1172.6.
The matter must again be reversed and remanded for section 1172.6 (d) proceedings, including briefing and an evidentiary hearing wherein the People have the burden of proving beyond a reasonable doubt that defendant is still guilty of second degree implied malice murder.
First Holding:
The order of the reviewing court is contained in its remittitur, which defines the scope of the jurisdiction of the court to which the matter is returned. Where a reviewing court reverses a judgment with directions the trial court is bound by the directions given and has no authority to return any other issue or to make any other findings. Its authority is limited wholly and solely to following the directions of the reviewing court. Any material variance from the directions is unauthorized and void.
Authority:
Griset v. Fair Political Practices Commission (2001) 25 Cal.4th 688, 701
People v. Dutra (2006) 145 Cal.App.4th 1359, 1367
People v. Ramirez (2019) 35 Cal.App.5th 55, 64
Second Holding:
We previously remanded this matter with directions for the trial court to conduct further proceedings consistent with [the prior] decision. That decision explained that the trial court had inappropriately applied the felony-murder rule to the case and stated that on remand, we highlight the propriety of formal briefing by the parties to provide both argument and evidence in support of their respective positions regarding defendant’s current guilt for second degree, implied malice murder.
These proceedings shall be consistent with the requirements of amended section 1172.6(d) in order to determine whether the People have met their burden to show beyond a reasonable doubt that defendant is guilty of murder under California law as amended by the changes to section 188 or 189 made effective January 1, 2019.
The trial court’s order denying the petition on a prima facie basis (sec. 1172.6(c)) materially differed from these instructions. Accordingly, the court’s order is void and must be reversed.
Authority:
People v. Ramirez (2019) 35 Cal.App.5th 55