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REVERSED: Appellate Court Reverses Denial of 1170.95 Relief

California v. Hola Docket: C087459, (Third Appellate District), Opinion Date: April 11, 2022. A jury found defendant Charlie Hola guilty of second degree murder. Defendant’s conviction arises from a murder capping a three-hour crime spree. Defendant was sentenced to an aggregate term of 48 years to life. Defendant originally raised several contentions related to the natural and probable consequences theory underlying his second degree murder conviction, including that insufficient evidence supported his conviction based on that theory and he was entitled to relief under Senate Bill No. 1437 (2017-2018 Reg. Sess.). He also claimed his trial counsel rendered ineffective assistance in failing to object to speculative gang testimony; that insufficient evidence supported a finding that he acted for the benefit of a criminal gang; that there was instructional error related to the natural and probable consequences doctrine relative to self-defense and mutual combat; and that certain conduct credits the trial court withheld for jail misconduct must be restored.

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