9:35am | The second degree murder conviction of a 33-year old Long Beach woman was overturned on Monday after an appellate court ruled that the jury may not have based its verdict on a legally valid theory.

Eva Daley was convicted in 2008 of driving her teenage son and his friends to a local park, where the boys exited the vehicle and attacked 13-year old Jose Cano, stabbing and killing him. Heribeto Garcia, now 19 years old, was convicted of the murder along with Daley in 2008. Garcia’s conviction was upheld.

Prosecutors argued that Cano may have stabbed Daley’s son months before the murder, providing a motive for her to drive the boys to the fatal attack in retaliation.

But the appeals court panel said that jurors in the 2008 ruling were given “impermissibly ambiguous” instruction during the trial that may have affected their decisions. One judge on the panel of three dissented.