Subsequent history: The California Supreme Court denied the People’s petition for review. The remittitur has issued.
The Court of Appeal upheld SB 1437 against constitutional challenges based on Propositions 7 and 115, the separation of powers doctrine, and Marsy’s Law. Bucio appealed an order dismissing her petition for resentencing pursuant to Penal Code section 1170.95 after the trial court found SB 1437 unconstitutional. It was undisputed that Bucio is eligible for relief if SB 1437 is constitutional. On appeal, the Ventura County District Attorney argued SB 1437 is unconstitutional because it (1) amends Propositions 7 and 115, (2) violates separation of powers, and (3) amends the Marsy’s Law. Held: The order dismissing the petition for resentencing was reversed, and the matter was remanded to the trial court with directions to grant the petition and resentence Bucio on the remaining counts. The Court of Appeal concluded that SB 1437 is constitutional, agreeing with People v. Superior Court (Gooden) (2019) 42 Cal.App.5th 270 and People v. Lamoureux (2019) 42 Cal.App.5th 241. [Editor’s Note: (1) The Ventura County District Attorney represented the People’s interests in this appeal. The Attorney General filed an amicus brief defending the constitutionality of SB 1437.]
The full opinion is available on the court’s website here: https://www.courts.ca.gov/opinions/documents/B299688.PDF