Opinion
S265798
04-06-2023
FERRELL (TYREE) ON H.C.
Opinion filed: habeas corpus granted; judgment vacated
Ferrell has established entitlement to habeas corpus relief on his claim that his jury received instruction on an invalid theory of second degree murder. We therefore grant relief and vacate the judgment against Ferrell in Los Angeles County Superior Court Case No. BA212763 insofar as it rests on Ferrell's conviction for second degree murder. Upon finality of our opinion, the Clerk of the Supreme Court is to remit a certified copy of the opinion to the Los Angeles County Superior Court for filing, and respondent is to serve a copy of the opinion on the prosecuting attorney. (See Pen. Code, § 1382, subd. (a)(2).)
Majority Opinion by Jenkins, J.
-- joined by Guerrero, C. J. Corrigan, Liu, Kruger, Groban, and Evans, JJ.