April 6, 2026
Court of Appeal of the State of California, Second Appellate District, Division One
The Rule of People v. Player is that a jury's not-true finding on a personal firearm use enhancement does not preclude a resentencing court from finding the defendant was the actual killer in a Penal Code section 1172.6 proceeding, under circumstances where the jury convicted the defendant of murder despite the not-true weapon enhancement finding.