California Court of Appeal: Trial Court Misconstrued Elements 
of Implied Malice Theory of Provocative Act Murder Under Current Law and Reverses Denial of Petition for Resentencing

The Court of Appeal for California, Fifth Appellate District, held that petitioner Tramell Vernon Taylor was entitled to resentencing on his conviction for first-degree murder because the trial court misconstrued the elements of the applicable offense and could not find petitioner guilty under a valid theory of murder.

Background

Between …