Legal Opinion
In re Loza
California Court of Appeal, 5th District
Decided September 28, 2018No. G054978PublishedCited by 15 opinions
1Opinion of the Court
MOORE, ACTING P. J.
In 2004, Cesar Loza handed a gun to a fellow gang member, who shot and killed a rival gang member. A jury convicted Loza of first degree premeditated murder after being instructed on two derivative liability theories: direct aider and abettor liability, and the natural and probable consequences theory. In 2014, our Supreme Court held that the natural and probable consequences theory can no longer support a premeditated murder conviction. ( People v. Chiu (2014) 59 Cal.4th 155, 172 Cal.Rptr.3d 438, 325 P.3d 972 ( Chiu ).)
In this habeas corpus proceeding, we cannot conclude…
2Cases cited16 opinions
- Chapman v. CaliforniaSupreme Court of the United States · 1967
- Kyles v. WhitleySupreme Court of the United States · 1995
- People v. ChiuCalifornia Supreme Court · 2014
- People v. FranklinCalifornia Supreme Court · 2016
- People v. PoseyCalifornia Supreme Court · 2004
11 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- People v. Atkins, California Court of Appeal, 5th District2019
- In re LopezCalifornia Supreme Court · 2023
- Ortega v. Super. Ct.California Court of Appeal · 2019
- People v. AtkinsCalifornia Court of Appeal · 2019
- People v. BenzlerCalifornia Court of Appeal · 2021
10 more not listed; retrieve them via the Exa API.