Opinion
S278711
01-31-2024
JIMENEZ (GIOVANNY A.) ON H.C.
Order to show cause issued; returnable in Court of Appeal, Second Appellate District, Division Five
The Secretary of the Department of Corrections and Rehabilitation is ordered to show cause, returnable before the Court of Appeal, Second Appellate District, Division Five, why relief should not be granted on the ground that instructing petitioner's jury on the kill zone theory, in violation of People v. Canizales (2019) 7 Cal.5th 591, was not harmless beyond a reasonable doubt under Chapman v. California (1967) 386 U.S. 18. The return must be served and filed on or before March 1, 2024.
Votes: Guerrero, C. J., Corrigan, Liu, Kruger, Groban, Jenkins, and Evans, JJ.